Tuesday, 3 May 2016

Blogger; Legal and social consequences


Blogging can result in a range of legal liabilities and other unforeseen consequences.

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Defamation or liability

Several cases have been brought before the national courts against bloggers concerning issues of defamation or liability. U.S. payouts related to blogging totaled $17.4 million by 2009; in some cases these have been covered by umbrella insurance. The courts have returned with mixed verdicts. Internet Service Providers (ISPs), in general, are immune from liability for information that originates with third parties (U.S. Communications Decency Act and the EU Directive 2000/31/EC).

In Doe v. Cahill, the Delaware Supreme Court held that stringent standards had to be met to unmask the anonymous bloggers, and also took the unusual step of dismissing the libel case itself (as unfounded under American libel law) rather than referring it back to the trial court for reconsideration.  In a bizarre twist, the Cahills were able to obtain the identity of John Doe, who turned out to be the person they suspected: the town's mayor, Councilman Cahill's political rival. The Cahills amended their original complaint, and the mayor settled the case rather than going to trial.
In January 2007, two prominent Malaysian political bloggers, Jeff Ooi and Ahirudin Attan, were sued by a pro-government newspaper, The New Straits Times Press (Malaysia) Berhad, Kalimullah bin Masheerul Hassan, Hishamuddin bin Aun and Brenden John a/l John Pereira over an alleged defamation. The plaintiff was supported by the Malaysian government. Following the suit, the Malaysian government proposed to "register" all bloggers in Malaysia in order to better control parties against their interest.  This is the first such legal case against bloggers in the country.
In the United States, blogger Aaron Wall was sued by Traffic Power for defamation and publication of trade secrets in 2005. According to Wired magazine, Traffic Power had been "banned from Google for allegedly rigging search engine results." Wall and other "white hat" search engine optimization consultants had exposed Traffic Power in what they claim was an effort to protect the public. The case addressed the murky legal question of who is liable for comments posted on blogs. The case was dismissed for lack of personal jurisdiction, and Traffic Power failed to appeal within the allowed time.
In 2009, a controversial and landmark decision by The Hon. Mr Justice Eady refused to grant an order to protect the anonymity of Richard Horton. Horton was a police officer in the United Kingdom who blogged about his job under the name "NightJack".
In 2009, NDTV issued a legal notice to Indian blogger Kunte for a blog post criticizing their coverage of the Mumbai attacks. The blogger unconditionally withdrew his post, which resulted in several Indian bloggers criticizing NDTV for trying to silence critics.

Employeer

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Employees who blog about elements of their place of employment can begin to affect the brand recognition of their employer. general, attempts by emplDelta Air Lines fired flight attendant Ellen Simonetti because she posted photographs of herself in uniform on an airplane and because of comments posted on her blog "Queen of Sky: Diary of a Flight Attendant" which the employer deemed inappropriate. This case oyee bloggers to protect themselves by maintaining anonymity have proved ineffective.highlighted the issue of personal blogging and freedom of expression versus employer rights and responsibilities, and so it received wide media attention. Simonetti took legal action against the airline for "wrongful termination, defamation of character and lost future wages". The suit was postponed while Delta was in bankruptcy proceedings.In early 2006, Erik Ringmar, a senior lecturer at the London School of Economics, was ordered by the convenor of his department to "take down and destroy" his blog in which he discussed the quality of education at the school.Mark Cuban, owner of the Dallas Mavericks, waMark Jen was terminated in 2005 after 10 days of employment as an Assistant Product Manager at Google for discussing corporate sec


In India, blogger Gaurav Sabnis resigned from IBM after his posts questioned the claims of a management school IIPM.

Jessica Cutler, aka "The Washingtonienne", blogged about her sex life while employed as a congressional assistant. After the blog was discovered and she was fired, she wrote a novel based on her experiences and blog: The Washingtonienne: A Novel. Cutler is presently being sued by one of her former lovers in a case that could establish the extent to which bloggers are obligated to protect the privacy of their real life associates.
Catherine Sanderson, a.k.a. Petite Anglaise, lost her job in Paris at a British accountancy firm because of blogging. Although given in the blog in a fairly anonymous manner, some of the descriptions of the firm and some of its people were less than flattering. Sanderson later won a compensation claim case against the British firm, however.
On the other hand, Penelope Trunk wrote an upbeat article in the Boston Globe in 2006, entitled "Blogs 'essential' to a good career".She was one of the first journalists to point out that a large portion of bloggers are professionals and that a well-written blog can help attract employers.

Political dangers


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Blogging can sometimes have unforeseen consequences in politically sensitive areas. Blogs are much harder to control than broadcast or even print media. As a result, totalitarian and authoritarian regimes often seek to suppress blogs and/or to punish those who maintain them.
In Singapore, two ethnic Chinese were imprisoned under the country’s anti-sedition law for posting anti-Muslim remarks in their blogs.
Egyptian blogger Kareem Amer was charged with insulting the Egyptian president Hosni Mubarak and an Islamic institution through his blog. It is the first time in the history of Egypt that a blogger was prosecuted. After a brief trial session that took place in Alexandria, the blogger was found guilty and sentenced to prison terms of three years for insulting Islam and inciting sedition, and one year for insulting Mubarak.
Egyptian blogger Abdel Monem Mahmoud was arrested in April 2007 for anti-government writings in his blog. Monem is a member of the then banned Muslim Brotherhood.
After the 2011 Egyptian revolution, the Egyptian blogger Maikel Nabil Sanad was charged with insulting the military for an article he wrote on his personal blog and sentenced to 3 years.
After expressing opinions in his personal blog about the state of the Sudanese armed forces, Jan Pronk, United Nations Special Representative for the Sudan, was given three days notice to leave Sudan. The Sudanese army had demanded his deportation.
In Myanmar, Nay Phone Latt, a blogger, was sentenced to 20 years in jail for posting a cartoon critical of head of state Than Shwe.


Personal safety


One consequence of blogging is the possibility of attacks or threats against the blogger, sometimes without apparent reason. Kathy Sierra, author of the blog "Creating Passionate Users", was the target of threats and misogynistic insults to the point that she canceled her keynote speech at a technology conference in San Diego, fearing for her safety. While a blogger's anonymity is often tenuous, Internet trolls who would attack a blogger with threats or insults can be emboldened by anonymity. Sierra and supporters initiated an online discussion aimed at countering abusive online behavior and developed a blogger's code of conduct.


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The Blogger's Code of Conduct is a proposal by Tim O'Reilly for bloggers to enforce civility on their blogs by being civil themselves and moderating comments on their blog. The code was proposed in 2007 due to threats made to blogger Kathy Sierra.The idea of the code was first reported by BBC News, who quoted O'Reilly saying, "I do think we need some code of conduct around what is acceptable behaviour, I would hope that it doesn't come through any kind of regulation it would come through self-regulation.

O'Reilly and others came up with a list of seven proposed ideas:Take responsibility not just for your own words, but for the comments you allow on your blog.Label your tolerance level for abusive comments.Consider eliminating anonymous comments.Ignore the trolls.Take the conversation offline, and talk directly, or find an intermediary who can do so.If you know someone who is behaving badly, tell them so.Don't say anything online that you wouldn't say in person.These ideas were predictably intensely discussed on the Web and in the media. While the internet has continued to grow, with online activity and discourse only picking up both in positive and negative ways in terms of blog interaction, the proposed Code has drawn more widespread attention to the necessity of monitoring blogging activity and social norms being as important online as offline



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