13 maio 2008

À atenção dos bloggers...

Bloggers unclear but unconcerned about legal pitfalls: More than three-quarters of bloggers are unsure about their legal rights and responsibilities, while the majority do not think they should be held to the same standards as journalists, according to new research.

The research, conducted by YouGov for global legal services organisation DLA Piper, reveals that only 5% of internet users are clear on their legal rights and responsibilities when posting comment online. [...]

DLA Piper also offers some useful legal pitfalls relating to user generated content:

* Defamation: This country has tough libel laws and from the earliest Web 1.0 bulletin boards posters have got into difficulty with defamatory comments -- as have the online services that carry them.
* Offensive messages: There are a range of laws from the Protection from Harassment Act to specific restrictions in the Telecommunications Act that can be invoked.
* Incitement: There have been high profile cases relating to terrorism but any encouragement of others to commit unlawful acts can result in prosecution.
* Intellectual property: There is a copy and paste culture online, but using other people's material (whether it's an article, photograph, logo or even another blog posting) can cause problems.
* Linking: Bloggers need to think about what is on their own site, but also keep an eye on the links they provide to other pages (eg to offensive or illegal material).
* Reporting: The law of contempt and other statutory reporting restrictions carry strict penalties if breached.
* Corporate blogging: The legal pitfalls can be even more pronounced in the case of corporate blogs where additional commercial concerns will apply.