US court rules blogger immunity for comments
February 28th, 2007 at 4:26 pm by David FarrarThe US First Circuit Court of Appeals (one below the Supreme Court) has ruled Lycos, a message board administrator, is not liable for an alleged defamatory statement regarding the value of Universal Communication Systems stock.
The court noted that “Congress intended that, within broad limits, message board operators would not be held responsible for the postings made by others on that board,” adding that allowing bloggers and message board operators to be sued for the statements of commenters on their sites would have an “obvious chilling effect” on speech.
The full court decision is here.
Hat Tip: Sir Humphrey’s
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February 28th, 2007 at 8:16 pm
Thats why the US is great. They believe that along with freedom goes individual responsibility.
We in New ZEaland however would punish the messenger unless they were trotting out the MSM/pink party line.
Vote:February 28th, 2007 at 9:20 pm
Well even though my blog has died I am glad for this ruling. and I hope it extends to NZ at some point, it can’t be right if the blogger is done for something posted on their site. I am going to be reopening my blog soon though probably make it a fresh start completely, But I think if the above is not the case then all bloggers are likely to start blocking comments completely.
Vote:February 28th, 2007 at 11:26 pm
I wouldn’t have expected such common sense to have come from the States, (Federal or otherwise)!
I would go so far as to argue that this is why we should have a constitution enshrining the principle of freedom of speech “within broad limits”.
A blogger should never be liable in defamation for comments posted to a site by others (with the proviso that the original post was not defamatory).
Why do you think I say that? Well, to expose bloggers to litigation over allegedly defamatory comments would perversely curtail the freedom to post on whatever matter a blogger sees fit for fear of actionable comments from third parties unknown. That consequence in itself becomes a restraint on his or her right to free speech.
That notion is completely at odds with well settled law regarding the publishing of defamatory comments, but then one needs to consider that libel law developed at about the same time as the printing press, so I find it refreshing that the States, my least expected jurisdiction, has advanced its law with 21st centaury technology in mind.
Some will argue that because a blogger has an ability to moderate comments he or she should not be excused the consequences of actions in defamation.
I would suggest that unlike an editor of a daily paper, they are not paid, nor indeed inclined to sift through the mountains of postings (due to the ease and convienience of posters not having to buy an envelope and stamp) received. To place such a burden on those who, lets face it, give up their free time to get out there with their “news and views just for the fun of it” just seems unfair.
Well done US First Circuit Court of Appeals, and I hope that sense prevails elsewhere, including ‘lil ol NZ.
Vote:March 1st, 2007 at 8:38 am
Does anyone know what pressure the guv put on google to close down CYFSWATCH?
Vote:March 1st, 2007 at 9:43 am
For me this is no surprise. I would expect the US and other freedom countries to not set about punishing the messenger.As Procupine has said here in NZ the Socialists have another agenda Recall The Prime Minister and Speakers threats against the media at the time of the 2002 election.They werent idle They were serious. And only outrage from the citizens prevented the draconian legislation they proposed becoming law.
This is why those who value freedom must remain ever vigilant and ready to speak up and speak out against these tyrants.
Vote:March 1st, 2007 at 10:17 am
http://www.cyfswatchnz.wordpress.com has been shut down without explanantion, or any indication as to how or if we may have violated the TOS of wordpress; an update page is now available at http://www.cyfswatchnz.blogspot.com for convenience, not because we intend to re-launch there (that would be just silly).
The ability of the NZ Govt to exercise internal jurisdiction externally is somewhat puzzling, a tad inconvenient, and overall a little eerie.
We will now be turning our attention to a dedicated domain.
Seems that we have bought into quite a fight.
CYFSWATCH
Vote:March 1st, 2007 at 10:24 am
I think you need to contact Mark from wordpress and find out what’s going on. If wordpress can’t handle the heat, they know where they should go.
Vote:March 1st, 2007 at 10:39 am
My understanding is that cyfswatch was closed down because it quite explicitly and blatantly broke the rules set down by Google. EVERY web host of whatever description says that you must abide by their rules, and they provide a link to those rules.
You break them, you go. Easy. Nothing to do with NZ government at all, I suspect. Their reach does not extend as far as a BIG web server located in the US.
Vote:March 1st, 2007 at 10:42 am
cyfswatch Those who want freedom should be concerned that the actions against your site are the same as the PRC use.And my my dont we hear the ourage from the Socialists. The silence is deafening.
Vote:March 1st, 2007 at 11:07 am
Cyfswatch you should start a good old fashioned email listserv as well.
As gd said what freedoms we have left are precious and must be fought for.
Vote:March 1st, 2007 at 12:02 pm
> Nothing to do with NZ government at all, I suspect.
Wrong. Peter Hughes, a senior public servant, apparently contacted Google, complaining about the site. He said that he would work 24/7 to ensure that the site was shut down. Such naivete. Such a waste of taxpayers’ money.
Vote:March 1st, 2007 at 12:03 pm
> Nothing to do with NZ government at all, I suspect.
Wrong. Peter Hughes, a senior public servant, apparently contacted Google, complaining about the site. He said that he would work 24/7 to ensure that the site was shut down. Such naivete. Such a waste of taxpayers’ money.
Vote:March 1st, 2007 at 12:36 pm
“Nothing to do with NZ government at all, I suspect.”
From http://www.e.govt.nz/resources/news/2007/20070227.html (hat tip: cyfswatch)
Tuesday 27 February, 2007
SSC signs all-of-govt deal for Google boxes
The State Services Commission today signed an all-of-government syndicated procurement deal with BearingPoint New Zealand for discounted access to Google search appliances.
The deal offers all government agencies savings averaging 30% off the list price and covers an extensive range of Google products and BearingPoint services, ensuring that agencies of all sizes will be able to participate in the agreement.
“The ability to search and find government information is essential for accessible government. Agencies will be able to use these appliances for their intranets, extranets and public websites, enabling staff and the public to find and use the information they need,” said Laurence Millar, Deputy Commissioner Information and Communication Technologies.
The Google search appliances can be used to search internal documents as well as public documents, including web sites, internal databases, content management systems and document management systems.
This contract gives BearingPoint New Zealand status as preferred supplier for government search appliances. This means that agencies wishing to implement Google search may purchase these products and services without inviting tenders from other suppliers, as per the Rules for Procurement by Government Departments.
I am merely quoting the article, and genuinely not saying that this is a vast conspiracy theory against freedom of speech in general and cyfswatch in particular.
Vote:March 1st, 2007 at 1:04 pm
Having been the subject of the occasional inaccurate / damaging / possibly libellous published comment, having been a journalist, and now as a contributor to various oline fora I think I’ve seen every side of this debate.
As usual, Pareto’s Law applies – 80 percent of bloggers will publish robust, perhaps hurtful, perhaps speculative but by no means defamatory material, while 20 percent are like monkeys hurling **** around.
The hosts are then placed in the unenviable (and undesirable, from all points of view) position of acting as editors and censors – but the alternative is ignoring the pleas of those who’ve been genuinely libelled.
It would be nice to think the free market would prevail – people will read the 80% and ignore the 20%. It used to work – scandalous pamphelteering started the day after Gutenburg invented the printing press, and not too many reputations suffered as a result.
But they had a limited circulation and weren’t able to be Googled. Today, the rantings of one nutjob can, by way of impenetrable search algorithm, keep showing up high in the search results on a person.
Freedom of speech is a “die in a ditch” issue for me – I’d fight with my last breath to preserve it. But with freedom comes responsibility – and I think we’re a long way from a workable means to deal with the few who abuse that responsibility to harm others.
Vote:March 1st, 2007 at 1:09 pm
Seamonkey Madness thank you for this The government lackey Hughes was interviewed on radio and said so In fact he wasnt at all concerned at the allegations and repeatedly ignored questions about them and whether they were ture or not. In good Socialist fashion all he wanted to do was to find the CYFSWatch people and punish them and close down their site.
Vote:March 1st, 2007 at 4:01 pm
WordPress terms and conditions
http://wordpress.com/tos/
“the Content is not obscene or libelous, and does not violate the privacy or publicity rights of any third party”
You guys seem to keep agreeing to terms and conditions an then breaking them. But no worries you can always pretend it is the govt shutting you down not you complete inability to stick to an agreement.
Vote:March 1st, 2007 at 4:28 pm
sonic As much as I was appalled at some of the comments of the website I was equally appalled at Hughes attitude and what I heard him say.CYFS just like some other government departments have had enough allegations thrown at them to justify independent and I do independent investigations.
The whole ethos of government departments IMHO revolves around being seen by the public as ethical honest and trustworthy.
A robust and rigorous real independent investigation is the only way forward.
Governments and departments who have nothing to hide should not only welcome but should be ensuring such investigations to restore the publics faith and confidence.
Vote:March 1st, 2007 at 4:32 pm
gd, if the site was attacking the government fair enough, the problem I have with it is that is slandering individual social workers, most of whom I sure are doing a trying job to the best of their ability.
I also have to laugh at the conspiracy nonsense that large US corporations like google take orders from the NZ government. They keep getting shut down as they keep breaking the terms and conditions they agree to to receive a free service.
Vote:March 1st, 2007 at 5:35 pm
Sonic: Neither Google nor WordPress have stated to us the grounds upon which they took their action. Simply calling someone something does not make it so. If we called you a fuckwit, that doesn’t mean that you are one – we would need grounds for such an assertion. In a similar way, in order to be credible, both Google and WordPress would need grounds for actions taken. Neither host has done so – rather they have responded to pressure exerted by the NZ Govt – be that pressure intrinsic or extrinsic, neither is acceptable in a democratic country.
Anyway, it is all irrelevant now, as we have recently secured a dedicated server and domain offshore, which even Peter Hughes can’t touch.
When we have re-launched, we will let you know.
CYFSWATCH
Vote:March 2nd, 2007 at 9:23 am
“Neither Google nor WordPress have stated to us the grounds upon which they took their action”
They dont have to, a quick scan of your site shows that you have breached the terms and conditions.
Vote:March 2nd, 2007 at 1:40 pm
You a lawyer Sonic? Know anything about the Law of Tort? Want to quote NZ precedent for libel, slander, or defamation? Want to discuss jurisdiction? Ever wondered how CYFSWATCH was able to skate so close to breaking the law, without actually having broken it?
We said we would be back, and we are: go to http://www.cyfswatch.org
See you there – you too, Sonic.
CYFSWATCH
Vote:March 2nd, 2007 at 2:12 pm
It’s not the law you are breaking, it is the terms and conditions of a private company.
I know rather more about that than you think, although to be honest a five your old could see you had breached them.
I notice you never gave out Sue Bradford’s address. Did Mr Plod have a word with you about that?
Vote:March 2nd, 2007 at 2:19 pm
Oh and your little Privacy protect scheme out of Wellington.
Hope you didn’t pay them too much for that, still only takes three seconds to find who is hosting the new site.
xxx
S
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