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30 March 2010

Warnings about online defamation

Could your Blogs and Tweets get you into trouble? With the ability to self publish comes a new generation of potential legal issues.

Bloggers and contributors to social-networking sites like MySpace, Facebook or Twitter are being warned not to fall foul of defamation laws.

Whilst freedom of expression on the internet is held dear by many, legal experts say there is a growing risk of users setting themselves up for a lawsuit.

Peter Spicer, a personal-risk specialist at the Chubb Group is reported as saying that such legal cases are not new, but social media has created new venues.

He explained that, in the past, a person with a gripe would write a damning letter to a newspaper editor, who might edit out the hazardous material or ignore the message altogether.

But today, anyone can post anything at any time about anyone - and some of that stuff could come back to bite the sender.

Postings on social networking sites are now part of the permanent record of the internet and can be viewed instantly by billions of people around the world.

His view are echoed by Sandra Baron, executive director of the Media Law Resource Center in New York who said the number of cases is going up each year and will continue to increase.

Meanwhile Eric Robinson, an attorney at the Center, analyzed 256 recent cases against bloggers who posted contentious material, including some using MySpace, Facebook and Twitter.

His research revealed that common complaints included allegations of criminal or inappropriate behaviour as well as gripes against people, businesses or other entities. Other issues included harassment, stalking, invasion of privacy and copyright infringement.

Although many lawsuits get dismissed or withdrawn, some have resulted in restraining orders, the removal of contentious material, settlements and, in a few cases, damages.

There are two alternatives, be careful what you say, or ensure as individuals and businesses, (particularly those who run revenue raising blog sites) you have sufficient insurance cover to help defend against such a case - more insurance - can't believe I'm even uttering these words- more coffee needed!



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