December 31, 2013 at 11:02 am
Not only Key but also including those Forum censors who are inclined to be trigger happy in their drive towards restriction of freedom of speech and expression.
Tomorrow, Wednesday 1st January, 2014 sees the implementation of a new defamation law called the Defamation Act, 2013.
This Act introduces a new test of ” a serious harm threshold “. The new Act reverses “the chilling effect” that previous libel laws have had on freedom of expression and debate.
The Act is particularly intended to protect “THE OPERATORS OF WEBSITES HOSTING USER GENERATED CONTENT”
A further benefit is that the Act tightens the criteria for libel claims arising from claimants with little connection to England or Wales – so-called libel tourism.
Source: D. Tel. Tues. 31st Dec.
By: John Green - 1st January 2014 at 19:34
Re 10
Mercurius
You might add the obvious caveat that any comment that might attract the attention of Messrs. Sue, Grabbit & Runne should be truthful and without invention.
By: Mercurius - 1st January 2014 at 19:07
The new Act is indeed a welcome change. But it is worth noting that the defence tactic of saying that the published words were honest opinion does seem to require that this statement of opinion also contain some information on the facts upon which this opinion was based. But a lot of what is offered as ‘fact’ on this and other fora are often little more than opinion and would be unlikely to survive hostile cross-examination.
The biggest step forward (in my opinion) is the need to prove that a published statement has caused or is likely to cause serious harm to the reputation of the claimant. And in the case of a statement made against a company or organisation, it does not cause “serious harm” unless it has caused or is likely to cause that body serious financial loss.
By: TonyT - 1st January 2014 at 16:58
I think it works as is, so why bother making it less lenient, I’ ban that Jim chappie though :stupid:
By: charliehunt - 1st January 2014 at 13:38
In principle your last sentence has appeal but in practice I am not sure how well it would work. I think the umpire/referee system is the best of an imperfect selection and as in sport not every decision will be right and many will be dissatisfied with the judgement.
By: John Green - 1st January 2014 at 12:40
David, I didn’t write that they All were ! But, even by liberal interpretation, it appears that one or two are too eager to close down a subject. I look for what could have caused offence and fail to see it.
Perhaps a more benign approach is needed. Point out the offence/s and invite the commentator to remove the subject. If that falls on stony ground, ask the other contributors to the subject whether they would prefer to see the subject withdrawn – a kind of straw poll.
This method has at least the merit of introducing an element of consultation and democracy.
By: David Burke - 31st December 2013 at 20:38
I am not sure that the moderators are ‘trigger happy’ in their drive towards the restriction of freedom of speech and expression !
I think the situation is that forum members need to a degree to self regulate themselves and to realise that to defend a site like this
from the people out there that resort to legal action is costly. I believe in the freedom of expression – I also believe that if your prepared
to say something you need to be able to defend that yourself .
By: AlanR - 31st December 2013 at 12:25
It won’t stop some web managers still being touchy feely on subjects they feel awkward with.
By: Moggy C - 31st December 2013 at 11:40
Indeed. The implications are being discussed right now.
It does seem to give the website operator some protection from mischievous litigants
Moggy
Moderator
By: charliehunt - 31st December 2013 at 11:26
From my recollection of the details when the Bill was originally debated – eminently sensible.
By: AlanR - 31st December 2013 at 11:10
Looks pretty sensible to me (not having read the full article)