Jul 8, 2012 08:31PM
"Online Defamation And Your Rights
Defamation laws and libel lawsuits are one such area and many individuals, businesses, and website owners have fallen foul of the belief that they can write anything about anybody when they are online.
In light of the increase in libelous comments governments, judges, and courts around the world have extended their own laws and regulations to include comments made online as well as in other more traditional forms of media. What Is Defamation?
The publication or broadcast of any libelous or slanderous statement about an individual or business that can be proven to be false and published with the intention of harming that entity's reputation is considered to be defamation. Online defamation is the publication of such statements made on any Internet based media including blogs, forums, websites, and even social networking websites. While many Internet users believe that they are free to say and do as they like while on the Internet, this is untrue and the same defamation laws and regulations stand for online defamation as they do in any form of media.
Acts And Laws That Govern Online Defamation
As social networking and blogging have become popular tools for Internet users to voice their opinion and get involved in discussions, online defamation cases have also been on the rise. While there are very few or no specific online defamation acts, libel lawsuits that cite the Communications Decency Act have been successfully been tried in courts around the world. Also, there are rumors that some countries around the world, especially the UK, are set to release specific online defamation laws that deal specifically with these laws.
The Communications Decency Act Of 1996
The Communications Decency Act of 1996 (CDA) was actually established to try and deal with the publication of pornography and other adult content freely and widely available on the Internet. However, it was also created in a bid to combat any indecent and defamatory content found on websites and other online publications.
Section 230 of the CDA is the section that is perhaps most relevant to online defamation. It attempts to deal with the question of an ISP's liability to content that is stored on their servers. Although it does not specifically outline all instances, it does contend that an ISP is not responsible for the information published by their users unless and until they are informed of any infringement; at this point, the ISP should act to remove the content or face legal action themselves.
The Communications Decency Act of 1996 can be viewed in full at the FCC website"
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