Tuesday 25 October 2011

Behind the headlines: libel committee report, anonymous comments & corporate defamation

Reposted from SlightlyRightofCentre.com:

Some reports are hard to summarise in a headline, and some headlines haven't done the report from the Joint Committee on the Draft Defamation Bill much justice.

Headlines such as "Websites 'should carry libel risk for anonymous posts'" might leave the reader thinking the report is an attack on so-called anonymous culture. In fact the Guardiangoes further:
"MPs and peers recommended tackling the culture of anonymous online comments"
But the report is far more nuanced than can be summed up in any headline or single sentence. Whilst the report contains a couple of worrying paragraphs about encouraging moderation of online content and perpetuating the idea that "upstream" web service and internet service providers continue to carry some responsibility:
"... in line with our core principle that freedom of speech should be exercised with due regard to the protection of reputation." 
The report is far from an attack on anonymous comments, contains a lot of very encouraging points on a breadth of issues, and interestingly draws some parallels with privacy law (true allegations the claimant wants to remain private) and defamation (untrue allegations).

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