Of my personal observations about cyberlibel -- How to use this book -- Frequently asked questions -- Summary of the law of defamation and its application to cyberlibel -- Characteristics of the internet -- Differences and consequences in cyberlibel litigation and offline libel litigation -- Should internet-specific principles of law be adopted? -- Notice and limitation periods -- Juirisdiction -- Disclosure of the identity of an anonymous author -- Internet libel actions stayed as an abuse of process in the UK -- Damages in cyberlibel -- Injunctions in cyberlibel -- Take down notices -- Publication and hyperlinks -- Forms of defamatory meaning -- Reference to the plaintiff -- Defence of innocent dissemination at common law -- The defence of qualified privilege -- Defence of responsible communication on matters of public interest -- Internet intermediaries -- Search engines -- User-generated content - web 2.0 and online social networks -- Invasion of privacy/misuse of private information.
The Internet brings opportunity and peril for media freedom and freedom of expression. It enables new forms of publication and extends the reach of traditional publishers, but its power increases the potential damage of harmful speech and invites state regulation and censorship as well as manipulation by private and commercial interests. In jurisdictions around the world, courts, lawmakers and regulators grapple with these contradictions and challenges in different ways with different goals in mind. The media law reforms they are adopting or considering contain crucial lessons for those forming their own responses or who seek to understand how technology is driving such rapid change in how information and opinion are distributed or restricted. In this book, many of the world's leading authorities examine the emerging landscape of reform in nations with variable political and legal contexts. They analyse developments particularly through the prisms of defamation and media regulation, but also explore the impact of technology on privacy law and national security. Whether as jurists, lawmakers, legal practitioners or scholars, they are at the front lines of a story of epic change in how and why the Internet is changing the nature and raising the stakes of 21st century communication and expression.
The widespread use of the Internet as a tool for gathering and disseminating information raises serious questions for journalists--and their readers--about the process of reporting information. Using virtual sources and publishing online is changing the way in which journalism takes place and its effect on the society it serves. USE LAST THREE PARAGRAPHS ONLY FOR GENERAL CATALOGS... The Electronic Grapevine explores the use of online media by reporters in the United States, and examines the impact that usage may have on how journalism is framed in the cultural sphere, as well as how it is conducted in the professional one. It contains a mix of material examining how it feels to "do" online journalism, how it affects those who consume it, different ways that media scholars go about trying to understand it better, and the likely social and cultural impact of Internet-like technologies on the public, at whom all this electronic information is eventually aimed. Drawing from the emerging scholarly work in the field and from the real-life experiences of working journalists, Borden and Harvey collect contributions that examine why journalists use the Internet, what changes it makes in how they approach their jobs, and what differences they see in conducting their daily newsgathering with this medium rather than other methods. The volume also analyses when and why journalists do not use online media and what the impact of the decision to use or not use the Internet may mean for the outer world, whose perceptions of itself are so often shaped by journalistic portrait. This series of thought-provoking, original essays explores the impact of computer-based information and communication services on traditional journalistic routines and practices, and thereby addresses a critical gap in the scholarly literature on communication, law, and culture. Distinguishing between linkage devices like the Internet, and database resources such as LEXIS/NEXIS, America Online, and others, this book examines the ways in which both types of online services may reshape and redefine not only the products of journalistic effort, but the newsgathering process itself.
Annotation "In Insult to Injury, William K. Jones reviews the seminal U.S. Supreme Court decisions that restrict the First Amendment in order to protect persons against defamatory falsehoods, invasions of privacy, and related psychic harm. Covering cases ranging from a restaurant owner driven out of business over a veal chop to a University of Georgia football coach accused of sharing plays with an opponent before a game, Jones examines the many subtleties of the law, its interpretation, and its restrictions."--BOOK JACKET. Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
This book is directed to academics, educators, and government policy-makers who are concerned about addressing emerging cyber-bullying and anti-authority student expressions through the use of cell phone and Internet technologies. There is a current policy vacuum relating to the extent of educators' legal responsibilities to intervene when such expression takes place outside of school hours and school grounds on home computers and personal cell phones. Students, teachers, and school officials are often targets of such expression. The author analyzes government and school responses by reviewing positivist paradigms. Her review of a range of legal frameworks and judicial decisions from constitutional, human rights, child protection, and tort law perspectives redirects attention to legally substantive and pluralistic approaches that can help schools balance student free expression, supervision, safety, and learning.
A blog or tweet can get its author arrested or cost a lot of money in legal battles—this practical guide explains how to stay out of trouble when writing online Every time an internet user blogs or tweets, they may be subject to the laws of more than 200 jurisdictions. As more than a few bloggers or tweeters have discovered, you can be sued in your own country, or arrested in a foreign airport as you're heading off on vacation—just for writing something that wouldn't raise an eyebrow if you said it in a bar or a cafe. In this handy guide, media law expert Mark Pearson explains how to get your message across without landing in legal trouble. In straightforward language, he explains what everyone writing online needs to know about free speech, reputation and defamation, privacy, official secrets and national security, copyright, and false advertising. Whether you host a celebrity Facebook page, tweet about a hobby, or like to think of yourself as a citizen journalist, you need this guide to keep on the right side of cyberlaw.
Introduction by Amal Clooney From the recipient of the 2021 Nobel Peace Prize, an impassioned and inspiring memoir of a career spent holding power to account. Maria Ressa is one of the most renowned international journalists of our time. For decades, she challenged corruption and malfeasance in her native country, the Philippines, on its rocky path from an authoritarian state to a democracy. As a reporter from CNN, she transformed news coverage in her region, which led her in 2012 to create a new and innovative online news organization, Rappler. Harnessing the emerging power of social media, Rappler crowdsourced breaking news, found pivotal sources and tips, harnessed collective action for climate change, and helped increase voter knowledge and participation in elections. But by their fifth year of existence, Rappler had gone from being lauded for its ideas to being targeted by the new Philippine government, and made Ressa an enemy of her country’s most powerful man: President Duterte. Still, she did not let up, tracking government seeded disinformation networks which spread lies to its own citizens laced with anger and hate. Hounded by the state and its allies using the legal system to silence her, accused of numerous crimes, and charged with cyberlibel for which she was found guilty, Ressa faces years in prison and thousands in fines. There is another adversary Ressa is battling. How to Stand Up to a Dictator is also the story of how the creep towards authoritarianism, in the Philippines and around the world, has been aided and abetted by the social media companies. Ressa exposes how they have allowed their platforms to spread a virus of lies that infect each of us, pitting us against one another, igniting, even creating, our fears, anger, and hate, and how this has accelerated the rise of authoritarians and dictators around the world. She maps a network of disinformation—a heinous web of cause and effect—that has netted the globe: from Duterte’s drug wars to America's Capitol Hill; Britain’s Brexit to Russian and Chinese cyber-warfare; Facebook and Silicon Valley to our own clicks and votes. Democracy is fragile. How to Stand Up to a Dictator is an urgent cry for Western readers to recognize and understand the dangers to our freedoms before it is too late. It is a book for anyone who might take democracy for granted, written by someone who never would. And in telling her dramatic and turbulent and courageous story, Ressa forces readers to ask themselves the same question she and her colleagues ask every day: What are you willing to sacrifice for the truth?
This book is meant to guide, comfort and support journalists. While they may chafe against the many legal restrictions, they should know that there is a lot they can do and say within the law. With a better understanding of their legal rights, journalists can go about their business with greater confidence, knowing when to yield and when to stand firm. Kathy Ann Waterman Latchoo begins by placing journalism in a constitutional context and ends with an overview on damages for defamation and a glossary of legal terms. She describes our legal systems and the hierarchy of courts, which every journalist should strive to understand, whether or not assigned to the court beat. In Newsroom Law, she seeks to demystify libel law, including the Reynolds public interest defence, which has put fresh emphasis on what constitutes "responsible journalism". Other chapters alert journalists to the legal pitfalls in covering parliamentary affairs, elections and court cases. Cyber-libel, copyright and freedom of information are also included and the chapter on investigative journalism seeks to answer common questions such as whether photographers may use telephoto lenses to capture people in private; whether journalists may record conversations covertly; and whether it is ever permissible to break the law to expose evil.
In these pages, you'll encounter a thorough examination of defamation attacks, from likely perpetrators and motives to step-by-step instructions on preparing your case for court. This e-book will help you understand how free speech online applies to individuals in defamation cases and will teach you pitfalls to avoid in your own lawsuit (if that's the route taken). By looking at authentic cases to help illustrate potentially positive or negative results, it instructs readers to make educated decisions in their own cases and equips them with knowledge to protect their reputation online. When completed, you will have a well-rounded grasp of defamation law as well as a reliable blueprint for removing defamatory content online and restoring (and upholding) your good reputation.
