Log In, Blog To, Log Out - And Don't Get Sued!

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

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.

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

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?

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

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

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

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

Confidential Information
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

ANY QUESTIONS?

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Log In, Blog To, Log Out - And Don't Get Sued!

by improbulus on Jan 27, 2008

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Log In, Blog To, Log Out - And Don’t Get Sued! — Presentation Transcript