2. Anti-social networking
Defamation
Copyright infringement
Trade mark infringement/passing-off
Breach of confidence
Misuse of private information
Data protection
Harassment
Anti-Social Networking
3. Key areas
Monitoring
Evaluating
Identifying
Remedying
Anti-Social Networking
5. Evaluating:
practical considerations
What is potential damage to business/IP?
Should you engage?
- Goals
- Risk of adverse publicity
- Likely response
With whom?
- Host
- Defendant
Can you identify them?
Anti-Social Networking
6. Evaluating:
legal merits
What legal rights do you have?
Liability for hosting user-generated content:
reg 19, E-Commerce Regs
Can Tweets/Facebook/bulletin posts amount to libel?
- Talbot v Elsbury (2010)
- Chris Cairns v Lalit Modi (2010)
- Applause Store & Firsht v Raphael (2008)
BUT
- Sheffield Wed v Hargreaves (2007)
- Smith v ADVFN (2008)
Anti-Social Networking
8. Identifying
Whois search
Content
Court Orders
- John Doe Order
- Spartacus Order
- Blaney’s Blarney Order
“You are hereby ordered by the
High Court of Justice to read and comply
with the following order” plus link
- Norwich Pharmacal/3rd party disclosure
Letter of Request for evidence
Anti-Social Networking
9. Remedying
What?
- Removal of content
- Apology/retraction
- Transfer/change of name
- Delivery-up of goods/packaging
- Damages/Account of profits/Costs
How?
- Self-help
- By agreement
- Report/notice to host
- Complaint to regulatory body eg PCC, ASA, ICANN/Nominet
- Court
Anti-Social Networking
10. Anti-Social Networking on only and isadvice. We dotonot accept any liability to anyonethe law. Although we content. care
This presentation gives general information
over the information, you should not rely it as legal
not intended be an exhaustive statement of
who does rely on its
have taken
