|
Comment on this article |
View comments |
Email this Article
|
|
Announcement :: Civil & Human Rights : Media |
|
EFF: Legal Guide for Bloggers |
Current rating: 0 |
by via Cryptome
(No verified email address) |
14 Jun 2005
|
|
As blogging expands, important legal issues remain to be decided. The Electronic Freedom Foundation offers a handy guide to the current state of the law regarding blogs. |
Whether you're a newly minted blogger or a relative old-timer, you've been seeing more and more stories pop up every day about bloggers getting in trouble for what they post.
Like all journalists and publishers, bloggers sometimes publish information that other people don't want published. You might, for example, publish something that someone considers defamatory, republish an AP news story that's under copyright, or write a lengthy piece detailing the alleged crimes of a candidate for public office.
The difference between you and the reporter at your local newspaper is that in many cases, you may not have the benefit of training or resources to help you determine whether what you're doing is legal. And on top of that, sometimes knowing the law doesn't help - in many cases it was written for traditional journalists, and the courts haven't yet decided how it applies to bloggers.
But here's the important part: None of this should stop you from blogging. Freedom of speech is the foundation of a functioning democracy, and Internet bullies shouldn't use the law to stifle legitimate free expression. That's why EFF created this guide, compiling a number of FAQs designed to help you understand your rights and, if necessary, defend your freedom.
To be clear, this guide isn't a substitute for, nor does it constitute, legal advice. Only an attorney who knows the details of your particular situation can provide the kind of advice you need if you're being threatened with a lawsuit. The goal here is to give you a basic roadmap to the legal issues you may confront as a blogger, to let you know you have rights, and to encourage you to blog freely with the knowledge that your legitimate speech is protected.
Table of Contents
Blogger Legal Liability Issues
The Overview of Legal Liability Issues FAQ briefly addresses some common legal issues that affect you as a publisher, especially situations where you may face legal claims or threats based on the information you published on your blog.
The Bloggers' FAQ on Intellectual Property addresses issues that arise when you publish material created by others on your blog.
The Bloggers' FAQ on Online Defamation Law provides an overview of defamation (libel) law, including a discussion of the constitutional and statutory privileges that may protect you.
The Bloggers' FAQ on Section 230 Protections discusses a powerful federal law that gives you, as a web host, protection against legal claims arising from hosting information written by third parties.
The Bloggers' FAQ on Privacy addresses the legal issues surrounding the privacy rights of people you blog about.
Bloggers As Journalists
The Bloggers' FAQ on the Reporter's Privilege is useful to bloggers who report news gathered from confidential sources.
The Bloggers' FAQ on Media Access can help bloggers who need to get access to public records and government meetings, as well as secure press passes to help with newsgathering.
Other Legal Issues for Bloggers
The Bloggers' FAQ on Election Law addresses the legal issues you may face blogging about political campaigns.
The Bloggers' FAQ on Labor Law addresses legal issues with workplace blogging, including union organizing, protections for political blogging away from the workplace, and whistle blowing.
To get the guide:
http://www.eff.org/bloggers/lg/ |
See also:
http://www.cryptome.org/
|
Copyright by the author. All rights reserved. |
|
Chinese, Microsoft, other Web Companies Target Web's 'Prohibited Language' |
by via AP
(No verified email address) |
Current rating: 0
14 Jun 2005
|
SHANGHAI, China (AP) -- Chinese bloggers, even on foreign-sponsored sites, had better choose their words carefully -- the censors are watching.
Users of the MSN Spaces section of Microsoft Corp.'s new China-based Web portal get a scolding message each time they input words deemed taboo by the communist authorities -- such as democracy, freedom and human rights.
''Prohibited language in text, please delete,'' the message says.
However, the restrictions appear to apply only to the subject line of such entries. Writing them into the text, with a more innocuous subject heading, seems to be no problem.
Microsoft's Chinese staff could not be reached immediately for comment. However, a spokesman at the tech giant's headquarters in Seattle acknowledged that the company is cooperating with the Chinese government to censor its Chinese-language Web portal.
Microsoft and its Chinese business partner, government-funded Shanghai Alliance Investment, work with authorities to omit certain forbidden language, said Adam Sohn, a global sales and marketing director for MSN.
But he added, ''I don't have access to the list at this point so I can't really comment specifically on what's there.''
Online tests found that apart from politically sensitive words, obscenities and sexual references also are banned.
MSN Spaces, which offers free blog space, is connected to Microsoft's MSN China portal. The portal was launched on May 26, and some 5 million blogs have since been created, Microsoft said.
The Chinese government encourages Internet use for business and education but tries to ban access to material deemed subversive.
Although details of the authorities' efforts are kept secret, users of many China-based Web portals are prevented from accessing sites deemed subversive by the government.
A search on Google for such topics as Taiwan or Tibetan independence, the banned group Falun Gong, the Dalai Lama or the China Democracy Party inevitably leads to a ''site cannot be found'' message.
Internet-related companies are obliged to accept such limitations as a condition of doing business in China. And government-installed filtering tools, registration requirements and other surveillance are in place to ensure the rules are enforced.
Recently, the government demanded that Web site owners register with authorities by June 30 or face fines.
Sohn said heavy government censorship is accepted as part of the regulatory landscape in China, and the world's largest software company believes its services still can foster expression in the country.
''We're in business in lots of countries. I think every time you go into a market you are faced with a different regulatory environment and you have to go make a choice as a business,'' he said. ''Even with the filters, we're helping millions of people communicate, share stories, share photographs and build relationships. For us, that is the key point here.''
The consequences of defying government limits can be severe: at least 54 people have been jailed for posting essays or other content deemed subversive online.
The international media advocacy group Reporters Without Borders has protested the online limits, sending letters to top executives of Microsoft, Yahoo, Google and other companies urging them to lobby Beijing for greater freedom of expression.
''In terms of the reality of the situation, those business deals are going to continue as globalization expands,'' said Tala Dowlatshahi, a spokeswoman for the group. ''But we want to make sure that pressure is being put on the companies to pressure the Chinese government to ensure a more democratic process.''
Copyright 2005 AP
http://www.ap.org/ |
