My lecturer has given us a question to think about, but I just don't understand it.
This is the question as posted in her email:
'so, when revising defamation this week, make a particular notes in your law notes about the internet service providers (ISPs) who may inadvertently have someone post a defamatory message in an online forum. What is the position here? It's actually covered in the DA 1996'
Can someone make sense of the above and guide me towards an answer?
Thanks!
2007-10-17 09:22:15 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
The publisher is responsible for defamatory remarks under English Law. So ... if I publish something defamatory on someone's site they may be liable for damages in negligence for publishing my defamatory remarks.
xxR
2007-10-17 09:27:12 · answer #1 · answered by Anonymous · 0⤊ 1⤋
Defamation is usually a general intent tort -- the person making the defamatory statement must generally intend to make the statement -- though the intent requirement is not always carried through to include intent to publish, or intent to harm, or even intent for falsity.
But -- what if the published didn't intend to make the statement -- because it was an automated process of a computer? The Digital Millenium Copyright Act covers that -- so, apparently, does "DA" from 1996 (I don't know that reference).
2007-10-17 16:30:15 · answer #2 · answered by coragryph 7 · 0⤊ 0⤋
Defamatory means: ((used of statements) harmful and often untrue; tending to discredit or malign). So she wants to know if someone posted a defamatory statement online what would the position in law be, where the ISPS are concerned.
2007-10-17 16:37:15 · answer #3 · answered by blue dolphin 6 · 0⤊ 0⤋
DA is short for the Defamation Act of 1996. You need to do a little research before you answser the question. If you google "Defamation Act" you will be able to find it on the internet - it comes up in its full format.
Happy reading!
2007-10-18 16:17:01 · answer #4 · answered by Shelby P 2 · 0⤊ 0⤋
It's actually covered in the DA 1996'
you need to clarify that part posted above in more detail
2007-10-17 16:32:03 · answer #5 · answered by goz1111 7 · 0⤊ 0⤋
She wants to know about internet.
Think of all the weirdo's on here that post dodgy questions or answers and go from there.
What do the IPS have to do to protect there users?
I think thats the kind of investigation she wants....
But then I'm not studying law so i may be wrong!
:0)
2007-10-17 16:27:16 · answer #6 · answered by Coley 4 · 0⤊ 0⤋