Communication, defamation and liability of intermediaries

Legal Studies ◽  
2015 ◽  
Vol 35 (2) ◽  
pp. 348-368 ◽  
Author(s):  
Jan Oster
Keyword(s):  
Human Rights ◽  
Communication Theory ◽  
Service Providers ◽  
Freedom Of Expression ◽  
Legal Framework ◽  
Internet Service Providers ◽  
Internet Service ◽  
Publication Process ◽  
The Law ◽  
Intermediary Liability

The legal framework concerning liability of communication intermediaries for defamation is under-conceptualised. The paper thus develops a holistic doctrinal approach to liability of speech intermediaries, such as Internet service providers (ISPs), booksellers and newspaper vendors, for defamation. It views intermediary liability for defamatory speech against the backdrop of communication theory and freedom of expression doctrine. If properly conceptualised, as suggested in this paper, the law of defamation can accommodate the cyberspace-specific legislation in Arts 12–15 of the e-commerce Directive and s 5 of the Defamation Act 2013, as well as the innocent dissemination defence in s 1 of the Defamation Act 1996, now to be read together with s 10 of the Defamation Act 2013. The paper establishes six tenets of intermediary liability for defamatory content. In particular, it argues that ‘publication’ is to be conceptualised as a merely factual requirement for defamation, whereas the defence of ‘innocent publication’, also known as ‘innocent dissemination’, is a fault-based concept. Communication intermediaries are thus to be considered ‘publishers’, even if they have a merely automatic role in the publication process, but they may avail themselves of the defence of ‘innocent publication’. This defence has to be applied in compliance with the human rights of the parties involved.

7. Defamation

2019 ◽  
pp. 160-204
Author(s):  
Andrew Murray
Keyword(s):  
Social Media ◽  
Online Publication ◽  
Service Providers ◽  
Internet Service Providers ◽  
Traditional Media ◽  
Internet Service ◽  
Intermediary Liability

This chapter examines defamation cases arising from traditional media sites and user-generated media entries. It first provides an overview of the tort of defamation, and the issue of who is responsible and potentially liable for an online defamatory statement. It then looks at the Defamation Act 2013, considering when defences may be raised to a claim in defamation, and how online publication and republication may result in defamation. Four cases are analysed: Dow Jones v Gutnick, Loutchansky v Times Newspapers, King v Lewis, and Jameel v Dow Jones. The chapter explores intermediary liability, particularly the liability of UK internet service providers, by citing recent decisions on intermediary liability such as Tamiz v Google, Delfi v Estonia, and MTE v Hungary, as well as specific intermediary defences found in the Defamation Act 2013. The chapter concludes by discussing key social media cases such as McAlpine v Bercow and Monroe v Hopkins.

scholarly journals Difficulties in Establishing Liability in Online Defamation; Tanzania Experience

2018 ◽  
Vol 1 (1) ◽  
pp. 48
Author(s):  
Charles W. Marwa
Keyword(s):  
General Public ◽  
Service Providers ◽  
Legal Framework ◽  
The Internet ◽  
Internet Service Providers ◽  
Internet Service ◽  
Choice Of Law ◽  
Electronic Evidence ◽  
Internet Users ◽  
The Government

This paper is devoted to uncover difficulties in establishing liability in online defamation in Tanzania. The focus is on the effectiveness of the current laws and regulations relating to online defamation; and the lack of awareness on the part of the general public on legal and practical challenges in establishing liability over defamatory comments occurring on the internet. The investigator discovered that, the existing legal framework in Tanzania cover issues of establishing liability in online defamation suffers from a number of inadequacies. Moreover the legal and practical challenges includes, the weakness of some law and regulations covering online defamation, limitation periods, jurisdiction and choice of law issues, investigation and admissibility of electronic evidence and its authenticity, identifying anonymous defendant and the rights to privacy. The author recommends that the government has to consider amending its law by taking on board the forgotten stakeholders opinions that would address by dealing with specific issues of liability in online defamation to internet users, Internet Service providers(ISP’s) and intermediary for their defamatory comments.

Liability of Internet Service Providers under Nigerian Law

2019 ◽  
Vol 11 (4) ◽  
pp. 352-370
Author(s):  
Bernard Jemilohun
Keyword(s):  
Crime Prevention ◽  
Service Providers ◽  
Common Knowledge ◽  
Legal Framework ◽  
The Internet ◽  
Internet Service Providers ◽  
Internet Service ◽  
Legislative Power ◽  
Private Rights

AbstractThis paper examines the role of Internet Service Providers as bridges and intermediaries between private persons, organizations even government arms and the Internet and the liabilities placed on them by the law with regard to wrongful acts of their subscribers or clients under the laws of Nigeria. It is common knowledge that actions againstISPs are commonest with defamation and infringement of copyright. The legal framework in theUSand the UKare examined to determine if there are lessons to learn for Nigeria. The Nigerian legal framework also places some responsibilities on ISPs with regard to crime prevention and prosecution. This is because private rights are not yet much of an issue in the Nigerian cyberspace. The paper points out that much of the regulation governingISPs liability in respect of civil matters do not have legislative power but are mere guidelines and suggests that theUSand UKpatterns have a lot to offer Nigeria.

scholarly journals Social Media and the Liabilities of Internet Service Providers in Nigeria

2021 ◽  
Vol 3 (1) ◽  
pp. 1-9
Author(s):  
Alex Tolu OLAGUNJU ◽  
Olubukola Olugasa ◽  
Olalekan Moyosore Lalude
Keyword(s):  
Social Media ◽  
Service Providers ◽  
Legal Framework ◽  
Third Party ◽  
Internet Service Providers ◽  
Internet Service ◽  
Use Of Social Media

Social media has been the vehicle for the dynamic progression of globalization. The purpose of social media encompasses many ends. Some of which allow for liabilities for third-party users, or in some circumstances, liabilities for Internet Service Providers. There are many complications in determining the liabilities of Internet Service Providers and third-party users. This paper examined the nature of Internet Service Providers (ISP), social media, and the activities of third-party users in Nigeria. It also interrogated the various instances where third party use of social media might affect ISP liability. This paper further explored the judicial and legal framework of some jurisdictions to see how they view the liabilities of internet service providers. The paper concluded that internet service providers should be held accountable for the content that is published on their platforms as it affects greatly the lives of concerned users offline.

Cyber-Libel: Policy Trade-Offs

2002 ◽  
Vol 21 (1) ◽  
pp. 152-159 ◽  
Author(s):  
Madeline Johnson ◽  
Betsy D. Gelb
Keyword(s):  
Public Policy ◽  
Service Providers ◽  
Freedom Of Expression ◽  
Internet Service Providers ◽  
Corporate Policy ◽  
Internet Service ◽  
Media Companies ◽  
Trade Offs ◽  
Negative Communication ◽  
The Right

The laws that limit the publication of false but harmful statements about goods, services, or the companies that produce them do not extend to Internet service providers in the same way they do to older media. Companies therefore are vulnerable to negative communication from sources whose anonymity provides the heart of a legal dilemma: freedom of expression and privacy versus the right to damages when libeled. This dilemma leads the authors to suggest public policy and corporate policy remedies.

Cyberpolitik

ADALAH ◽  
2020 ◽  
Vol 4 (2) ◽  
Author(s):  
Munadhil Abdul Muqsith
Keyword(s):  
Political Communication ◽  
Total Population ◽  
Service Providers ◽  
Mailing List ◽  
The Internet ◽  
Internet Service Providers ◽  
Internet Service ◽  
Internet Users ◽  
Internet Media ◽  
First Time

Abstract:The internet developed for the first time in Indonesia in the early 1990s. Starting from the pagayuban network, it is now expanding without boundaries anywhere. A survey conducted by the Indonesian Internet Service Providers Association (APJII) said that the number of internet users in Indonesia in 2012 reached 63 million people or 24.23 percent of the country's total population. Next year, that figure is predicted to increase by close to 30 percent to 82 million users and continue to grow to 107 million in 2014 and 139 million or 50 percent of the total population in 2015. million people. This matter also results in political communication with the internet media, or is often said to be cyber politics. Cyber politics in Indonesia has faced growth in recent years. There are many facilities that support the growth of cyber politics, such as Facebook, Twitter, mailing list, YouTube, and others.Keywords: Cyberpolitik, Internet  Abstrak:Internet berkembang pertama kali di Indonesia pada awal tahun 1990-an. Diawali dari pagayuban network kini berkembang luas tanpa batas dimanapun juga. Suatu survei yang diselenggarakan Asosiasi Penyelenggara Jasa Internet Indonesia (APJII) mengatakan kalau jumlah pengguna internet di Indonesia tahun 2012 menggapai 63 juta orang ataupun 24,23 persen dari total populasi negeri ini. Tahun depan, angka itu diprediksi naik dekat 30 persen jadi 82 juta pengguna serta terus berkembang jadi 107 juta pada 2014 serta 139 juta ataupun 50 persen total populasi pada 2015. juta orang. Perihal ini pula berakibat pada komunikasi politik dengan media internet, ataupun kerap diucap dengan cyber politic. Cyber politic di Indonesia hadapi pertumbuhan sebagian tahun terakhir. Banyaknya fasilitas yang menunjang pertumbuhan cyber politic semacam terdapatnya facebook, Twitter, mailing list, youtobe, serta lain-lain.Kata Kunci: Cyberpolitik, Internet 

Analysis of the Importance Degree and Performance of Internet Service Providers in Makassar City

2019 ◽  
Vol 10 (2) ◽  
pp. 168-177
Author(s):  
Haerdiansyah Syahnur ◽  
Jafar Basalamah
Keyword(s):  
Customer Satisfaction ◽  
Gap Analysis ◽  
Service Providers ◽  
Customer Management ◽  
Quadrant Analysis ◽  
Internet Service Providers ◽  
Internet Service ◽  
Actual Performance ◽  
Satisfaction Index ◽  
Customer Satisfaction Index

This study aimed to analyze the customer experience seen from the level of actual performance and the level of importance of services provided by internet service providers PT. XYZ in Makassar City. Variables and attributes issued by TM Forum GB 912 consisting of Customer Management, Fulfillment, Assurance, and Billing, are used to analyze the performance provided by customer service in the field. The analysis technique will be carried out using the Importance Performance Analysis and Customer Satisfaction Index consisting of quadrant analysis and gap analysis used to investigate customer satisfaction and identify variables whose performance is deemed to need improvement. Data were collected using a platform-based questionnaire application from 100 respondents selected using random sampling techniques. The results showed that customers were satisfied with the performance and quality of services provided. The customer satisfaction index value obtained by CSI analysis shows a value of 82.006%. In conclusion, that the Fulfillment variable is a service variable that is considered the most important customer and requires improvement because its performance is still relatively low. While the variables considered good and need to be maintained are the Billing variable. Other service variables are sorted based on priority of improvement in a row, namely Fulfillment, Customer Management, and Assurance.

Sign in / Sign up

Export Citation Format

Share Document