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Blogs, libel law, and forum shopping

By definition, a weblog (blog) is the musings of an individual. However, whereas those musings when kept in a private journal are private, when published on the Internet they are (potentially) very public, This means that any bloggers need to pay attention to defamatory comments.

The vital issue here is just where is something on the internet published? Where the publishers are? Where the server is? Where the download occurs? Different jurisdictions will have different views on these matters but it seems clear how the Common Law jurisdictions regard it. Articles are published, and thus subject to the defamation laws, where they are read, not where they are written.
Different jurisdictions are coming to very different conclusions on this question.

It seems that both Australia and Canada, which are close to the British tradition in this respect, are interpreting their domestic law to say that defamation occurs in the place where the document in question is read.
The United States, by contrast, is likely to be more restrictive. The key U.S.. defamation case, New York Times v. Sullivan, specifically says that the broad reach of British libel law is 'repugnant' to the First Amendment.
This may be crucial for bloggers based in the United States, American courts may not be willing to enforce British libel judgements.

So, no matter where cases are brought, there will be an associated problem of enforcing a judgement within one jurisdiction on publishers based in another. One major difference this reveals is that between the US and other common law traditions. American media law is a special area of law that revolves around interpretations of the First Amendment to the Constitution.

In Britain, by contrast, media law focuses on a property right to reputation. With the Human Rights Act incorporating a US-style right to free expression into British law under Article 10 of the European Convention on Human Rights, it might be thought that the law has moved in a more publisher-friendly direction. However, there is a crucial phrase in the Article 10

'.. the protection of the reputation or rights of others.. '
So don't think the ECHR will necessarily give protection to those who write defamatory statements.

One internet-related incident, as reported in the Manchester Evening News of March 24 2006, is of interest.
Oldham lecturer Tracy Williams was ordered to pay £10,000 in damages to a man she'd libelled on an internet message board. Michael Keith-Smith sued after Ms Williams began an on-line campaign of name-calling which started by describing him as "lard brain" and culminated in falsely labelling him a "Nazi" and "racist bigot". The former Conservative party member also claims to have settled with another internet poster for a sum "in the region of £30,000".

So, you can see that Good2use.com requires of anybody posting a blog that they DO NOT indulge in defamatory statements. DO NOT INDULGE IN NAME CALLING.
If you wish to make a point it is far, far better to make it in a reasoned, civilised way rather than being Mr or Ms Angry! Consequently, we reserve the right to remove any posts we consider defamatory. However, as we are fully supportive of individuals and their right to be heard we will ALWAYS endeavour to discuss this with you first of all. You, the blogger, are the life-blood of this site and we want to be as supportive of you as possible.

Occasionally we are forced to remove postings that offend our guidelines. Because of the "real time" nature of this site, it is not possible to monitor its contents 24x7. We would be grateful if you could help us maintain the quality of the information posted by reporting to info@good2use.com any posting or comment that you believe infringes the following guidelines.

The following types of postings may be removed by editorial controls

  1. Repeated: content either text being reposted or text that was originally posted as a comment.
  2. Discriminatory posts using language, imagery, etc. that promote any form of discrimination.
  3. Inaccurate posts that are obviously wrong or misleading.
  4. Advertising posts.

Anyone can add their own comments at the end of each article. But these comments are also subject to the above guidelines. Comments can be used to:

  1. State an opinion about a posting.
  2. Add information to a posting.
  3. Correct inaccurate or malicious information.

If you have not already registered to be a blog author, register here (the registration screen will open in a new window)

Tips For Posting

You can say or show the world anything you like on your WordPress site. Here are some tips you need to know to help you write your posts in WordPress.

  • Excerpts vs More
    In Excerpt mode WordPress will automatically use the first 120 words of your post as the Excerpt or up until the use of the More Quicktag mark. If you use an Explicit Excerpt, this will be used no matter what. So the first 120 words count try and get the basics of your blog in this section.
  • Practice Accessibility
    To be compliant with web standards for accessibility, be sure to include ALT and TITLE descriptions on links and images to help your users, such as WordPress Codex.
  • Use Paragraphs
    No one likes to read writing that never pauses for a line break. To break your writing up into paragraphs, use double spaces between your paragraphs. WordPress will automatically detect these and insert

    HTML paragraph tags into your writing.

  • Using Headings
    If you are writing long posts, break up the sections by using headings, small titles to highlight a change of subject. In HTML, headings are set by the use of h1, h2, h3, h4, and so on. By default, most WordPress Themes use the first, second, and sometimes third heading levels within the site. You can use h4 to set your own headings. Simply type in:
    < h4 >Subtitle of Section< /h4 >
    with double lines before and after and WordPress will make that title a headline in your post.
  • Spell Check and Proof
    There are spell check Plugins available, but even those can't check for everything. Some serious writers will write their posts in a text editor with spell check, check all the spelling and proof it thoroughly before copying and pasting into WordPress.
  • Think Before You Post
    Ranting on blogs is commonplace today, but take a moment and think about what you are writing. Remember, once it is out there, it can be seen by many and crawled by search engines; and taking things back is harder once it is public.
    Take a moment to read what you've written before hitting the Publish button. When you are ready, share it with the world.

Now, go ahead and BLOG (it will open in a new window)
.