Log in, Blog to, Log out (And Don’t Get Sued) Robert Lands Head of IP Media Finers Stephens Innocent LLP 23 rd January 2008

Legal Blogging 101 Do I have a legal right to say what I like? Can I get fired if I blog about my job? Do I have a right to remain anonymous? Can I get sued? (cc) Rudis Fotos www.flickr.com

Do I have a legal right to say what I like?

Can I get fired if I blog about my job?

Do I have a right to remain anonymous?

Can I get sued?

Defamation - Law What is libel? A “defamatory imputation” To lower the estimation of a person in the eyes of right thinking members of society What is it not? Vulgar abuse, attacks on groups The problem with blogs Judged by the same standards as professionals. Can be liable as a journalist and publisher.

What is libel?

A “defamatory imputation”

To lower the estimation of a person in the eyes of right thinking members of society

What is it not?

Vulgar abuse, attacks on groups

The problem with blogs

Judged by the same standards as professionals. Can be liable as a journalist and publisher.

Defamation - Defences Justification BUT problem of the burden of proof Qualified Privilege Responsible journalism (Dow Jones v Jameel) Defences for service providers (cc) Dean Forbes www.flickr.com

Justification

BUT problem of the burden of proof

Qualified Privilege

Responsible journalism (Dow Jones v Jameel)

Defences for service providers

Defamation - FAQs My server is in Mongolia, which country’s laws apply? Do I have to comply with all laws all over the world? Is it OK if I make clear I’m quoting someone else? Are you responsible if someone takes your comments out of context? I’m flat broke so can’t pay damages- will anyone bother to sue me?

My server is in Mongolia, which country’s laws apply?

Do I have to comply with all laws all over the world?

Is it OK if I make clear I’m quoting someone else?

Are you responsible if someone takes your comments out of context?

I’m flat broke so can’t pay damages- will anyone bother to sue me?

McLibel Helen Steel and Dave Morris Did not write “What’s Wrong With McDonalds” Longest Running Trial in English Legal history PR misfire for McDonalds

Helen Steel and Dave Morris

Did not write “What’s Wrong With McDonalds”

Longest Running Trial in English Legal history

PR misfire for McDonalds

Running a Web 2.0 Site Are you responsible for clearing your contributors content? Defamation Act section 1 – “Innocent Dissemination” Electronic Communications Regulations 2003 - “Mere Hosting” Notice and Take Down Policies

Are you responsible for clearing your contributors content?

Defamation Act section 1 – “Innocent Dissemination”

Electronic Communications Regulations 2003 - “Mere Hosting”

Notice and Take Down Policies

Forum for young mothers 100,000 subscribers. 15,000 posts per day = 5.5m per year, Gina Ford - Controversial parenting guru Mumsnet put on notice that were hosting allegedly defamatory material Letters continued over one year Disagreement about whether posts capable of bearing defamatory meaning Gina Ford wrote to ISP Mumsnet took down entire threads containing posts Gina Ford continued to seek damages and apology; issued proceedings

Forum for young mothers

100,000 subscribers. 15,000 posts per day = 5.5m per year,

Gina Ford - Controversial parenting guru

Mumsnet put on notice that were hosting allegedly defamatory material

Letters continued over one year

Disagreement about whether posts capable of bearing defamatory meaning

Gina Ford wrote to ISP

Mumsnet took down entire threads containing posts

Gina Ford continued to seek damages and apology; issued proceedings

Mumsnet’s Problems Could not pre-vet; logistical problems with sheer volume of posts. Abided by abuse policy – postings not believed to be defamatory. Should the law change? Websites are not papers (cc) Jordan Brock www.flickr.com

Could not pre-vet; logistical problems with sheer volume of posts.

Abided by abuse policy – postings not believed to be defamatory.

Should the law change? Websites are not papers

Copyright Issues Copying Derivative works / Parody Authorising Making Available Linking ©

Copying

Derivative works / Parody

Authorising

Making Available

Linking

Trade Marks & Domains Trade Mark Use Dilution US: Trademark Dilution Revision Act 2006 - Protection for famous marks. “Likely dilution” standard (instead of actual dilution). Domain Name Disputes

Trade Mark Use

Dilution

US: Trademark Dilution Revision Act 2006 - Protection for famous marks. “Likely dilution” standard (instead of actual dilution).

Domain Name Disputes

Confidential Information Confidential information- eg Trade Secrets Information about your employer Does your employer own © in your blog?

Confidential information- eg Trade Secrets

Information about your employer

Does your employer own © in your blog?

Criminal Speech Contempt of Court Terrorism Act 2006 Racial and Religious Hatred Act 2006 Blasphemy

Contempt of Court

Terrorism Act 2006

Racial and Religious Hatred Act 2006

Blasphemy

ANY QUESTIONS?