PDA

View Full Version : how do you feel about this one?



Mike70
16-Oct-2009, 03:36 PM
first off, i think it important while reading this story to keep in mind that libel and defamation are NOT protected forms of free speech at all. this article revolves around a defamation case in which the plaintiff is seeking the identities of persons who posted defamatory comments in a forum. it all revolved around some hotly contested local election.

it is also important to note that courts have ruled in favor of plaintiffs in cases like this before and have forced ISPs to reveal the identities of the persons posting the comments. i have no problem with this at all. again, defamation is not free speech by any stretch of the imagination. given that, i also think that a person who has been defamed has an absolute right to recover damages and confront the person who said/wrote the stuff about them in court. therefore, i see no problem with this at all.

http://www.computerworld.com/s/article/9139442/Online_libel_case_stirs_up_free_speech_debate?taxo nomyId=1

here is bit from the end:


Ed Yohnka, spokesman for the American Civil Liberties Union of Illinois, said the case was troubling. "We think anonymous speech on the Internet is really critical and needs to be protected," Yohnka said. It has traditionally been a means of personal expression concerning political and social issues, he said.

Yohnka warned against a growing tendency by corporations and individuals to use defamation claims as a way to unmask anonymous online commentators. "Saying something is defamatory shouldn't be the trigger" for deciding when someone should be unmasked he said.

Corporations and public figures in particular need to show they have a prima facie case before they are allowed to seek the identity of an anonymous poster, Yohnka said.

yes, it is important for the web to be anonymous but you absolutely cannot let people use that as a shield for neither criminal behavior nor behavior for which you can be held accountable in a civil court.

i do agree totally though that there has to be strong, prima facie case before an ISP is forced to give someone up.

SymphonicX
17-Oct-2009, 07:47 AM
OK this is a tough one - admittedly I'm at work and have only scanned the articles but think I get the idea.

The thing is, surely half of Wikipedia is defamatory in some respect? Surely that's the beauty of the internet - crackpots, conspiracy theorists and morons can all congregate and shoot the shit and even make stuff up...it's up to you to believe it no?

I mean the amount of crap you get through email, prayer requests for people who've never existed, let alone gone missing, got cancer etc etc...in the run up to Obama election there was an untold amount of slanderous and actual lies posted about his campaign - as well as McCain too, just stuff plucked out of the air by some neo-liberal/conservative nutcases...

That's kinda the beauty about the internet - it should be teaching people to read BETWEEN the lines, because its so painfully obvious just how much stuff is purely made up, by people wanting attention...

At least, that's how I see it...I look to proper websites for proper information - I use webboards for general advice if I'm looking for information on a topic - if I want the truth on a subject, if I want affirmation of issues - I know the last place on this green earth is the internet to find these things...!!

DubiousComforts
17-Oct-2009, 08:48 AM
I can understand where the ACLU is looking at the bigger picture of protecting free speech, but certainly what most people are doing online as it pertains to politics is not speaking freely as much as it is simply acting out.


I look to proper websites for proper information
Ah-ha, so how does one know a "proper web site" when they see it? Does it have something to do with the size or respectability of the logo?

SymphonicX
17-Oct-2009, 09:17 AM
definitely, and whether they use photoshop to create it!!

Depends on the issue at hand really. If it's politics all you have to do is read the news and read between the lines...if it's speculation on the Kennedy assassination however, well anything goes really. I mean we all know a credible website compared to a stupid opinionated blog...!