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

Log in, Blog to, Log out(And Don’t Get Sued)

Robert LandsHead of IP Media

Finers Stephens Innocent LLP

23rd January 2008

© Finers Stephens Innocent LLP

Slides may not reflect the content of the talk. For general information only. Not to be regarded as legal advice.

Legal Blogging 101

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

2. Can I get fired if I blog about my job?

3. Do I have a right to remain anonymous?

4. Can I get sued?(cc) Rudis Fotos www.flickr.com

© Finers Stephens Innocent LLP

Slides may not reflect the content of the talk. For general information only. Not to be regarded as legal advice.

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.

© Finers Stephens Innocent LLP

Slides may not reflect the content of the talk. For general information only. Not to be regarded as legal advice.

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

© Finers Stephens Innocent LLP

Slides may not reflect the content of the talk. For general information only. Not to be regarded as legal advice.

Defamation - FAQs

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

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

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

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

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

© Finers Stephens Innocent LLP

Slides may not reflect the content of the talk. For general information only. Not to be regarded as legal advice.

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

© Finers Stephens Innocent LLP

Slides may not reflect the content of the talk. For general information only. Not to be regarded as legal advice.

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

© Finers Stephens Innocent LLP

Slides may not reflect the content of the talk. For general information only. Not to be regarded as legal advice.

• 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

© Finers Stephens Innocent LLP

Slides may not reflect the content of the talk. For general information only. Not to be regarded as legal advice.

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

© Finers Stephens Innocent LLP

Slides may not reflect the content of the talk. For general information only. Not to be regarded as legal advice.

Copyright Issues

• Copying• Derivative works / Parody• Authorising• Making Available• Linking

© Finers Stephens Innocent LLP

Slides may not reflect the content of the talk. For general information only. Not to be regarded as legal advice.

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

© Finers Stephens Innocent LLP

Slides may not reflect the content of the talk. For general information only. Not to be regarded as legal advice.

Confidential Information

• Confidential information- eg Trade Secrets

• Information about your employer

• Does your employer own © in your blog?

© Finers Stephens Innocent LLP

Slides may not reflect the content of the talk. For general information only. Not to be regarded as legal advice.

Criminal Speech

• Contempt of Court• Terrorism Act 2006  • Racial and Religious Hatred Act 2006 • Blasphemy

© Finers Stephens Innocent LLP

Slides may not reflect the content of the talk. For general information only. Not to be regarded as legal advice.

ANY QUESTIONS?