+

Traverse
Newcastle,
February 22, 2014
@stevenkeenan @socialtrav
+

Keeping it legal

@stevenkeenan @socialtrav
+

Once upon a time…

@stevenkeenan @socialtrav
+

George Carman QC

@stevenkeenan @socialtrav
+

The case of TravelRants

May, 2009….

@stevenkeenan @socialtrav
+

The case of TravelRants


Online travel agency DialAFlight finds that an identical
comment, written under an apparent ...
+

The case of TravelRants


A legal action was filed in the High Court against Tripadvisor,
Grumbletext, Caio (Germany) ...
+

The case of TravelRants
―Hearing a knock on the door, and
being handed a libel claim for
£50,000 from the High Court in...
+

Life after TravelRants…

@stevenkeenan @socialtrav
+

Defamation – libel and slander


Generally, defamation is a false and unprivileged statement of
fact that is harmful t...
+

What is actionable

@stevenkeenan @socialtrav
+

Ignorance is no defence


What if you publish another person's statement
(i.e. someone comments on your posts)?



Ge...
+

Changes in the law

@stevenkeenan @socialtrav
+

Defamation Act 2013


Key areas



Includes a requirement for claimants to show that they have
suffered serious harm ...
+

Defamation Act 2013


Key areas



The one-year time limit for starting web libel actions now starts
when an article ...
+

Defamation Act 2013
Key areas
Websites no longer have to pre-moderate comments


The act introduces a section 5 defenc...
+

Defamation Act 2013


Have a robust, written complaints
policy. Designate and train all staff (!)
to deal with complai...
+

Defamation Act 2013


If the poster can be identified
and served with legal
proceedings, it provides a
complete defenc...
+

Defamation Act 2013


If the poster is anonymous, the website operator will have
the option of following the Section 5...
+

Defamation Act 2013


Which is highly unlikely…



So, unless you decide that you want to defend the content
on one o...
+

Defamation Act 2013


Give website users clear
instructions on how to
complain, and who to. This
may mean providing a ...
+

Defamation Act 2013


A site providing message boards is advised to register users
before they are allowed to make a p...
+

Protect yourself


The Media Bloggers
Association in New York
encourages bloggers and
other web-based writers to
prote...
+

Unions


Consider joining the
National Union of
Journalists (NUJ) or British
Association of Journalists
(BAJ).



Bot...
+

Let‘s talk about photo theft…

@stevenkeenan @socialtrav
+

Let‘s talk about photo theft…

@stevenkeenan @socialtrav
+

Let‘s talk about photo theft…

@stevenkeenan @socialtrav
+

Over to Macca


The £28k payout
from Flight Centre

@stevenkeenan @socialtrav
+

The story with Kash – via Twitter



Kashyap Bhattacharya
Anyone got a good legal contact who I could seek advice fro...
+

Creative Commons licence

@stevenkeenan @socialtrav
+

Creative Commons licence
There are different types of Flickr licences:

@stevenkeenan @socialtrav
+

Creative Commons licence
There are different types of Flickr licences:

@stevenkeenan @socialtrav
+

Creative Commons licence
There are six different types of Flickr licences:
The most popular?

@stevenkeenan @socialtrav
+

Creative Commons licence
There are six different types of Flickr licences:
The most popular?

@stevenkeenan @socialtrav
+

One final thought..

@stevenkeenan @socialtrav
+

Thank you

@stevenkeenan @socialtrav
Upcoming SlideShare
Loading in …5
×

Traverse 2014 - keeping it legal

985 views

Published on

A presentation for travel bloggers on defamation and photo copyright

Published in: Travel
0 Comments
1 Like
Statistics
Notes
  • Be the first to comment

No Downloads
Views
Total views
985
On SlideShare
0
From Embeds
0
Number of Embeds
229
Actions
Shares
0
Downloads
5
Comments
0
Likes
1
Embeds 0
No embeds

No notes for slide
  • PEOPLE STEALING SINGITA IMAGES – BUT OK BECAUSE WIDER DISTRIBUTION
  • PEOPLE STEALING SINGITA IMAGES – BUT OK BECAUSE WIDER DISTRIBUTION
  • Traverse 2014 - keeping it legal

    1. 1. + Traverse Newcastle, February 22, 2014 @stevenkeenan @socialtrav
    2. 2. + Keeping it legal @stevenkeenan @socialtrav
    3. 3. + Once upon a time… @stevenkeenan @socialtrav
    4. 4. + George Carman QC @stevenkeenan @socialtrav
    5. 5. + The case of TravelRants May, 2009…. @stevenkeenan @socialtrav
    6. 6. + The case of TravelRants  Online travel agency DialAFlight finds that an identical comment, written under an apparent pseudonym, is posted on seven travel-related sites. The comment alleges improper conduct over a customer service issue.  DialAFlight argued in its subsequent legal action that the malicious and libellous comment was written by a competitor. @stevenkeenan @socialtrav
    7. 7. + The case of TravelRants  A legal action was filed in the High Court against Tripadvisor, Grumbletext, Caio (Germany) and TravelRants. Not against three other sites that immediately removed the comment.  The action against TravelRants sought up to £50,000 in damages, £780 in court fees, and an injunction barring the defendant from continuing to publish the defamatory words.  Darren temporarily ceased blogging in June, 2009, due to the stress. He issued an unreserved apology and deleted the comment, eventually, having acknowledged he had not taken action when contacted by DialAFlight earlier. @stevenkeenan @socialtrav
    8. 8. + The case of TravelRants ―Hearing a knock on the door, and being handed a libel claim for £50,000 from the High Court in London is not an experience that I want anyone to have. I ended up settling outside of court, and was £1,500 worse off as a result, but it could have been much worse. Darren Cronian @stevenkeenan @socialtrav What I had done was stupid, and a very simple mistake to make. I had published a libelous comment left by a reader, and it wasn‘t a pleasant experience.‖
    9. 9. + Life after TravelRants… @stevenkeenan @socialtrav
    10. 10. + Defamation – libel and slander  Generally, defamation is a false and unprivileged statement of fact that is harmful to someone's reputation, and published "with fault," meaning as a result of negligence or malice. Libel is a written defamation; slander is a spoken defamation. www.eff.org - a legal guide for bloggers @stevenkeenan @socialtrav
    11. 11. + What is actionable @stevenkeenan @socialtrav
    12. 12. + Ignorance is no defence  What if you publish another person's statement (i.e. someone comments on your posts)?  Generally, anyone who repeats someone else's statements is just as responsible for their defamatory content as the original speaker — if they knew, or had reason to know, of the defamation. @stevenkeenan @socialtrav
    13. 13. + Changes in the law @stevenkeenan @socialtrav
    14. 14. + Defamation Act 2013  Key areas  Includes a requirement for claimants to show that they have suffered serious harm before suing for defamation. Which means that…  There should be fewer trivial, time-consuming complaints that usually go nowhere. Fewer cases will go to court  Libel actions against web-only publications are likely to fail if the page did not attract many clicks  Businesses can now sue only if a statement caused, or was likely to cause, serious financial loss. They will probably have to provide documentary evidence, but not to the extent of producing accounts @stevenkeenan @socialtrav
    15. 15. + Defamation Act 2013  Key areas  The one-year time limit for starting web libel actions now starts when an article is first published online. It does not re-start every time an article is viewed, or downloaded, as has been the case up to now. @stevenkeenan @socialtrav
    16. 16. + Defamation Act 2013 Key areas Websites no longer have to pre-moderate comments  The act introduces a section 5 defence. This is a ‗report and remove‘ system that people can use if they believe they have been defamed on a website message board.  The system enables website operators to deal with all initial correspondence in-house. This will save legal fees.  As a result of the new guidelines, website operators should… @stevenkeenan @socialtrav
    17. 17. + Defamation Act 2013  Have a robust, written complaints policy. Designate and train all staff (!) to deal with complaints correctly, and within new timescale. Timing is critical  Acknowledge and deal with complaints promptly – preferably by email, in order to comply with the 48hour deadline (excluding weekends and Bank Holidays…) @stevenkeenan @socialtrav
    18. 18. + Defamation Act 2013  If the poster can be identified and served with legal proceedings, it provides a complete defence for the website operator and the claimant will need to pursue the poster.  So, for example, in the case brought by Lord McAlpine against Sally Bercow, Twitter would have had a complete defence under Section 5, even if it decided not to take down the offending tweet. @stevenkeenan @socialtrav
    19. 19. + Defamation Act 2013  If the poster is anonymous, the website operator will have the option of following the Section 5 procedure set out in the Regulations but it can only keep publishing the content complained of and still rely on the defence if:  The poster consents to be identified to the complainant; or …  The poster provides full contact details (including a postal address) to the website operator which can be disclosed pursuant to a court order. @stevenkeenan @socialtrav
    20. 20. + Defamation Act 2013  Which is highly unlikely…  So, unless you decide that you want to defend the content on one of the other available grounds of defence - such as truth or honest opinion – you will need to remove the content complained of @stevenkeenan @socialtrav
    21. 21. + Defamation Act 2013  Give website users clear instructions on how to complain, and who to. This may mean providing a Report Abuse button  Update your website terms and conditions to reflect the new arrangements @stevenkeenan @socialtrav
    22. 22. + Defamation Act 2013  A site providing message boards is advised to register users before they are allowed to make a post. Registration should include taking their names and contact details  Users should be told, before they accept site terms and conditions, that the operator may divulge their details if they post anything defamatory. Keep written records of complaints, with the dates and times of actions taken @stevenkeenan @socialtrav
    23. 23. + Protect yourself  The Media Bloggers Association in New York encourages bloggers and other web-based writers to protect themselves in the case of a lawsuit. The MBA created a programme to educate digital journalists about their legal rights as writers and provide insurance targeted directly at them.  The basic policy costs $540 a year, but certain factors can raise the price @stevenkeenan @socialtrav
    24. 24. + Unions  Consider joining the National Union of Journalists (NUJ) or British Association of Journalists (BAJ).  Both have free legal advice available as part of subscription – also have tax advice. @stevenkeenan @socialtrav
    25. 25. + Let‘s talk about photo theft… @stevenkeenan @socialtrav
    26. 26. + Let‘s talk about photo theft… @stevenkeenan @socialtrav
    27. 27. + Let‘s talk about photo theft… @stevenkeenan @socialtrav
    28. 28. + Over to Macca  The £28k payout from Flight Centre @stevenkeenan @socialtrav
    29. 29. + The story with Kash – via Twitter   Kashyap Bhattacharya Anyone got a good legal contact who I could seek advice from? My image has been used without my permission by a noted language online teaching company. Thanks to Jane Meighan, I found out. Be great if there was someone I could speak to about this. Thanks. @stevenkeenan @socialtrav
    30. 30. + Creative Commons licence @stevenkeenan @socialtrav
    31. 31. + Creative Commons licence There are different types of Flickr licences: @stevenkeenan @socialtrav
    32. 32. + Creative Commons licence There are different types of Flickr licences: @stevenkeenan @socialtrav
    33. 33. + Creative Commons licence There are six different types of Flickr licences: The most popular? @stevenkeenan @socialtrav
    34. 34. + Creative Commons licence There are six different types of Flickr licences: The most popular? @stevenkeenan @socialtrav
    35. 35. + One final thought.. @stevenkeenan @socialtrav
    36. 36. + Thank you @stevenkeenan @socialtrav

    ×