Blogger Sued for Comments on Blog
The blog SEObook, a blog offering search engine optimization tips and news, has been sued for content in comments left on his blog.
While, in principle, it seems logical that a blogger is responsible for his own texts, it would be surprising that a blogger is also responsable for comments left on his blog by a third party. Is a blogger a publisher/editor? What can be "reasonably expected" from him ? Can the same be expected from a professional blogger as from a mere amateur ?
I'll write more on this topic in the near future.
Meanwhile, here follow some quick links about the legal rules applicable to bloggers in some specific jurisdictions. So they are not necessarily applicable to your own blog: given the internet context, this depends on the applicable law, this means on private international law.
USA:
Electronic Frontier Foundation: Legal Guide for Bloggers
EFF is a US organization and this guide is based on US law !
Blogger Faces Lawsuit OverComments Posted by Readers, Wall Street Journal online 31/08/05 with reference to a key decision of 2003 of the Ninth Circuit Court of Appeals in San Francisco, which ruled that the operator of a Web site can post material from others without liability for the content; trade-secrets and intellectual property. Also reference to a case against ThinkSecret.com currently pending in Superior Court in Santa Clara, Calif.
Update 29/09/05: see also Is the Owner of a Blog an “Interactive Service Provider”? at MassLawBlog.com (hat tip Nathan Burke, lawfirmblogging.com)
Belgium:
Jos Dumortier, 'Zijn er regels over Blogs?' Trends Business ICT, 2005, mei, p. 20 ('Are there rules about blogs ?' ; in Dutch)
Professionele aansprakelijkheid van de uitgever ('Professional liability of the publisher'; in Dutch)
Accusé, bloguez-vous ! (about first defamation via blog in Belgium; in French)
The Netherlands:
Zijn blogs verantwoordelijk voor hun bezoekers ? ('Are blogs responsible for their visitors?'; in Dutch) Read the comments also.
France:
Le cadre juridique de la responsabilité des blogs ('The legal framework of blog liability'; in French)
Blogueurs et responsabilité ('Bloggers and liability'; in French)
Christophe Grébert en procès le 21 juin et dans l'Express d'aujourd'hui ('Christophe Grébert goes to trial on 21 June and in today's l'Express'; in French)
Blogs : quels statut et législation appliquer ? ('Blogs:which legal status and legislation?'; in French)
Germany:
Klage wg. Blog-Kommentaren
While, in principle, it seems logical that a blogger is responsible for his own texts, it would be surprising that a blogger is also responsable for comments left on his blog by a third party. Is a blogger a publisher/editor? What can be "reasonably expected" from him ? Can the same be expected from a professional blogger as from a mere amateur ?
I'll write more on this topic in the near future.
Meanwhile, here follow some quick links about the legal rules applicable to bloggers in some specific jurisdictions. So they are not necessarily applicable to your own blog: given the internet context, this depends on the applicable law, this means on private international law.
USA:
Electronic Frontier Foundation: Legal Guide for Bloggers
EFF is a US organization and this guide is based on US law !
Blogger Faces Lawsuit OverComments Posted by Readers, Wall Street Journal online 31/08/05 with reference to a key decision of 2003 of the Ninth Circuit Court of Appeals in San Francisco, which ruled that the operator of a Web site can post material from others without liability for the content; trade-secrets and intellectual property. Also reference to a case against ThinkSecret.com currently pending in Superior Court in Santa Clara, Calif.
Update 29/09/05: see also Is the Owner of a Blog an “Interactive Service Provider”? at MassLawBlog.com (hat tip Nathan Burke, lawfirmblogging.com)
Belgium:
Jos Dumortier, 'Zijn er regels over Blogs?' Trends Business ICT, 2005, mei, p. 20 ('Are there rules about blogs ?' ; in Dutch)
Professionele aansprakelijkheid van de uitgever ('Professional liability of the publisher'; in Dutch)
Accusé, bloguez-vous ! (about first defamation via blog in Belgium; in French)
The Netherlands:
Zijn blogs verantwoordelijk voor hun bezoekers ? ('Are blogs responsible for their visitors?'; in Dutch) Read the comments also.
France:
Le cadre juridique de la responsabilité des blogs ('The legal framework of blog liability'; in French)
Blogueurs et responsabilité ('Bloggers and liability'; in French)
Christophe Grébert en procès le 21 juin et dans l'Express d'aujourd'hui ('Christophe Grébert goes to trial on 21 June and in today's l'Express'; in French)
Blogs : quels statut et législation appliquer ? ('Blogs:which legal status and legislation?'; in French)
Germany:
Klage wg. Blog-Kommentaren
posted by Edwin Jacobs at 23:00
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