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ID: 346993 • Letter: W
Question
WEB SITE: http://www.legalnet.co.za/cyberlaw/cybertext/chapter12.htm
http://www.eff.org/issues/bloggers/legal/liability/defamation
Instructions: The growth of Internet Web logs (blogs), chat rooms, and individual Web sites have expanded the number of forums through which many people can exchange information and express their opinions. While the Internet has expanded freedom of expression in this way, it has also provided a medium through which many incidents of defamation have been raised.
Click on the first link above and read the article regarding online defamation and its relation to U.S. law, provided by the South African law firm of Sonnenberg Hoffman & Galombik, and answer the first three questions below:
1. Whether a party is characterized as a publisher is largely dependent on what? (3 pts.)
2. In the Cubby case, in what way did the court compare an Internet service provider (ISP) to a library, book store, or news stand? (3 pts.)
Next, open the second link above to the Electronic Frontier Foundation's "Bloggers' FAQ – Online Defamation Law" page, read the page, and answer the following two questions.
3. What 4 elements must be proven to establish defamation? (3 pts.)
4. What are 4 examples given for "libel per se"? (3 pts.)
All informations are listed on the website!
Explanation / Answer
1. Whether a party is characterized as a publisher is largely depends on how much editorial control is excersized over the content
2. According to the court, ISP acts as an electronic library aggregating various publications and just like a library, book store, or news stand, they don't have control over the content of publication as it is not feasible to check all the content
3. the elements are
i ) a publication to one other than the person defamed
ii) false statement of facts
iii) it is of concern to the plaintiff understoodably
iv) it is tending to harm the reputation of the plaintiff
the plaintiff must also prove actual malice, in case he is a public figure
4. Examples of libel per se
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