• September 25.2008

Legal concerns involving user comments

Posted by Ben Thalman on June 1, 2007 at 10:42 AM

Defamation, invasion of privacy, misappropriation of likeness and right of publicity, infliction of emotional distress and negligence are just some of the concerns facing newspapers which allow user comments on their sites, according to Robb S. Harvey, an attorney at Waller, Lansden Dortch & Davis

Harvey goes on to point out that even if courts find in favor of newspaper companies the time and money involved can be significant. Newsrooms must look into immunity and over-arching protections, such as the federal Communications Decency Act and the Digital Millennium Copyright Act, which could circumvent the court process.

These insights were made by Harvey in an interview with Poynter Online, along with another attorney, Alan E. Korpady, of King & Ballow, who added:

 “ - Potential liability for direct, contributory or vicarious copyright infringement

    - Potential liability for trademark infringement

    - Potential liability for defamation by bloggers

    - Application of the "journalist's privilege" to blogging

    - Application of the "media exemption" from the definition of expenditure under the Federal Election Campaign Act

    - Application of licensing laws to bloggers giving or disseminating what might be characterized as "professional" (e.g., legal or medical) advice

- Vicarious liability for the wrongful acts of a blogger as a "general partnership," especially if the blogger accepts advertising, ” (as reported by Poynter)

as points worth considering before you allow user comments.

As for advice to news companies that are thinking of allowing user comments, Harvey suggests:
- strict terms of service
- remind users that they are responsible for their own posts
- remind users that the newsroom does not control or monitor what third parties post
- remind users that they may find offensive or inaccurate comments

Harvey prefaces this with the warning: this is not provided as legal advice and that readers should consult legal counsel in their own areas.

Korpady adds that newsrooms should adopt a “notice and take down” policy, which reserves the right to refuse to post or to restrict access to defamatory or infringing speech.  Included in this agreement would be an agreement for bloggers not to post defamatory, infringing or other harmful content.

Although these laws apply to a specific jurisdiction – Nashville, USA – much of the advice is worth taking into consideration for any news company, anywhere in the world, which is thinking about allowing user comments on its website.

Source: Poynter Online
 

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52 Comments

pbswatcher said:

Thanks for posting on this topic. The Danish newspaper which published the original cartoons has been forced to apologize. The Brussels Journal blog which has led the reporting of this attack on free speech is now receiving threats. Given the state of free speech in Europe as evidenced by the Italian "prove Christ existed" case, I expect Brussels Journal to be forced to remove the cartoons and their reporting. To guard against that possibility, I have reposted the cartoons and the Brussels Journal reporting thread on my blog. I urge all bloggers who care about free speech to do the same. See Farenheit 451 Alert

Ustun said:

And one more thing ,

If Europe is this, I don't want to be a part of it

Your Muslim Sister said:

Hi

I am a Muslim...and I refuse to be drawn into this anal discussion about a few foolish and uninformed cartoons. Not because I think the debacle will disappear if I ignore it...but because worthless and insignificant illustrations like those in question does not deserve my attention.

GET OVER IT ALREADY...

And for those of your who can't...

I will pray for your poor misguided souls. Islam is the supreme religion that survives and supersedes with or without your support!- And that's my opinion, which I have the freedom to express, just as the cartoonist and the newspaper did and rightly so.

Lost of Love

Ustun said:

Last night, I posted two messages here on this page.
But today,one of them disappeared.
This means that freedom of speach is only for the ones who have the control , huh ?

If you (this web site) had enough understanding, that message wouldn't distrub you and you wouldn't erase it.

In these way, you had shown europe's real face.
The only civilization -that you understand- consists of champagne and caviar.

Ustun
From Turkey.
ustun.tr@gmail.com

donatella said:

In my opinion Muslims'anger is ridicolous.

We live in a free world where the print has to be defended.

At the end ,cartoons don't insult religion but just makes fun of it.

aeronautic1 said:

Huge condemnation from the Muslim world over the cartoons.

Where is the condemnation from the Muslim world when innocent civilians are blown up by radical murderous Muslims?

Solar Dust said:

Depicting a Prothet of God which His Holiness Mohammed is one of, is obviously wrong and association with suicide bomers even worse. He Himself was a messenger of peace, and brought balance in an Arab world in moral decay. Just the same as in Europe where His Holiness Christ and His message brought peace, and balance in a world deprived of spiritual guidance.

The true Islam is far from what is seen today, and what is seen from the uninformed, and uneducated followers of that true religion proclaim. Where this world to be an Islamic world it would be as paradise. Why is it not then in a country wich calls itself the Islamic Republic? Did God manifest Himself true distruction, death and forcing it's message to the people? Did His Holiness Mohammed commit suicide to make a point or was he rather a Martir. Did Christ wage a war against the Jews to winover the heart of the people or start a Crusade, or did He Also Sacrifice His life? Do you followers of that Beloved Prophet of God claim you represent His Message by creating violance, bring fear and death to society?

The world has held a mirror in front of you. Showing what you exactly represent. His Holiness Mohammed comminting Suicide. It is You who have created this immage of Such a Noble and Saint of a Prophet. It is You who is to blame. The truth is Harsh. But this is the truth. His Holiness Mohammed would denounce His message if He would see the state in which you have brought His Peaceful, and unifying message. Surely paradise is far from your share. Repent, and pray for forgiveness so that perchance you may enhale the dust of true understanding, and bring progress and unity to society.

travis said:

I think that both respective holy entities were trying only to establish a peaceful message. These violent turns including grievances like the crusades (and innumberable violent Christian acts), and the radical suicide bombings are both the results of ambiguous interpretations of a vague message. I'm sure those divine figures can handle a minor jest, if it was necessary to strike down the perpetrators I'm sure they could find the power to do it themselves, until then it is not in the hands of man to carry out their will. Take care.

Humberto Azpurua-Pardi said:

I think beliefs must be respected. I think the right to freedom should not go beyond hurt anyone feelings or beliefs .
On the other arm violence is not the answer to any "bad action"...
The Danish apologized and it should be finished there.
Muslims and any other religions have the right to ask for respect when somebody does something incorrect...but violence is not the correct answer.

zak said:

dont bother Leaving your comments ! if they dont like them they will wipe them ! like they wiped mime ! boycot this site !

dbpak said:

Having been married to an Iranian man for more than 15 years you learn alot about the middle eastern culture.
I think if these people had more activities, like arts and crafts, gyms with pilates and yoga, more spas, etc. I truly believe their minds would focus on their bodies and activities other than this religous crap that they are so consumed with.
Maybe if they all got out of bed before 10:00 am, and stopped drinking tea all day, maybe they could actually get some work done and be proud of it. Wow!! maybe they could better their civilization.
And while they are at it, maybe someone can import some dental floss and deoderant for god's sake!!
I really wish someone would make a cartoon of Jesus wearing lipstick or something, maybe they would call it even.

Radwan Soliman radwan said:

European countries must understand that Profit mohamed has been sent from GOD to all people to give them the light for the best life. Profit Mohamed has been recomended by GOD , and GOD say to Profit Mohamed you are the greatest polite...all people not only Moslium people should thank GOD that he sent Profit Mohamed to us.
European countries should understand that no one in muslim countries will accept any cartons for profit Mohamed and we all are ready to die in defance of profit Mohamed..
The way of typing some message from European people are so rabbish ..we can't give any attention to this bad things...
Profit Mohamed SALA ALLAH ALEHE WASALEM will be in all mouslium heart till we die...
Radwan

anonymous said:

I'm quite amused.
Look, I understand if Muslims get upset about those cartoons and rightly so. SO, as I view it, the rational thing to do is to prove that Islam and Mohammed isnt like that, not associated with violence and all that.
BUT, look at their reactions. Burning embassies, threatening suicide attacks. They are not proving the cartoons wrong at all.

Aren't you amused too, no?

Dominique said:

the more "educated' you people think you're getting, the more ignorant you become. if Mohammed is a terrorist, then Jesus was his Master for what the crusaders of Europe did in the middle east around the 11th century. Lest We Forget.

Malorian said:

um, i understand when ppl dont have much, they are willing to die over anything, or to leave the bad of there life behind in order to die for something good .. What i dont understand is how your killn lil kids, and innocent ppl over RELIGION, BELIVES and whatever else you want to label it as ... Who really cares about any prophets, or any religion when it leads to this, your williing to boycot goods from a whole country because of a select few, or because there country doesnt want to censorship things ... Its odd, your all hardcore when it comes to wars, women, there rights, and tons of other things, but you sure do belly up over some cartoons ... LOL. this once again proves to alot of ppl, that this whole world is headed downhill, nothing is sacred or special anymore, and nothing is taboo .. Humans really ought to be more like animals, and find some balance ... What kind of religion would that be then? A BOMB KIND, the kinda alot of ppl probally would enjoy = Peace and balance ...

Iqbal said:

Ok if i understood europe and america or the western civilisation in general respects free speech right!!? so what's hapened to Roger Jarodi and Ernest Zendel (handled by the democratic Canada to Germany) and many other revisionnist who where emprisonned and their writings where banned not for denying Holocaust but because they said that 6 million Dead Jews during WW2 is an exagerated figure . This means only one thing upseting muslims is OK but we should be carefull before talking about Jews.
I'm not talking about free speech but about double standards i would gratefully accept
if the so called "FREE SPEECH" really existed in europe.

By the way there is a competition to draw Holocaust denying cartoons i invite all "FREE EUROPEANS" to express their toughts freely LOL :)

JUSTICE said:

I think the frustration is more about justice. Why when in any media in the world something is said about Holocaust or jewish, they apologize immediatly. All this because they get political pressure from their lobby. It's not muslims who are occupying western countries and taking all their resources. Who came to Iraq ? Afghanistan ? Egypt ? Kuwait ? Palestine ? Lebanon ? Saudi Arabia ? etc.
Get out of your own cercle of thinking and start thinking about JUSTICE !!!

Julia Wood said:

Why don't all these radical Islamists go to school and learn to think outside the square? Education is what it's all about - for the West too.

snap said:

wow! my comments were erased too!

snap said:

...anyway, let's see if they will keep them posted now. My point was that if a person of a european descent calls an african-american nigger, and african-american reacts violently, nobody will blame him. Right? - You get it?

me said:

im sorry but the minority of muslims go around sayin "Allah is great Allah owns everything" etc okay, thats fine, in your opinion, but the way you express it, you say it as fact rather thank opinion. and when someone else wants to give their opinion you won't just execpt someone else's opinion, but you will deny it- very arrogant

Jim said:

How much longer are people to bicker over the same rehashed stories scrawled in a thousand different, somehow contradictory "sacred texts"? Anyone who uses their religion - whichever religion it may be - as a means to subjugate others, whether outwardly or only to feed their own sense of arrogance and self worth, should be ashamed. Nothing, and I repeat: NOTHING makes any one religion more correct than any other. There is no proof for any of them except that which you create in your own mind in order to justify your belief system - a belief system that is based infinitely more on where you were born than what truths you yourself have come to realize . If religion makes you feel better in your daily life, then by all means read your Quaran or your Bible and have a great time. But don't expect other people to swallow it whole just because it's your opinion that one religion is better than another.

P.S. It was a cartoon, people. Get over it.

working said:

... I go to work during the day, though I would not have any time to burn embassies even if I wanted to. Maybe some of those guys should just do it. Work, study, learn and leave the middle ages behind ...

(actually I have not seen any of those cartoons, I'd like to, in order to see why they are such a big deal ... )

Duke said:

Behead the heavenly virgins since they are engaged in sinning with earth martyers. That punishment is more bloody than kiddy cartoons and all earth martyers have blood on their hands.

Arman said:

First thing which came to my mind is that how the hell the whole wold came to know ????. That means some is behind this in instigating the sentimental feelings of the normal muslims. I think those people who are behind this propaganda should be booked first. Regret to say that this should not have been an issue at all as Islam doesnt belive in idols , pictures and cartoons !!!!!!!!

bre clo said:

where are the cartoons. I want to see them

John said:

Just never stops. I'm right, your wrong; I must show you the error of your ways. Even if it kills you.

Dan said:

I think these cartoons only depict what people think anyways, but dont say it because of political correctness. We know who posted these cartoons, which were hilarious, atleast to me. But what about the cowards that have made these cartoons on muslims personal, only to ignite more hatred towards the west, to suffice their own agenda. Why don't you protest those cowardy acts of terrorism instead. Why do you get more offended from a cartoon, than from idiots that kill themselves and others in the name of Islam. That would be even more offensive to me.

Alex said:

Have people gone mad? We are talking about a Cartoon! Muslims have the right to protest their annoyance as much as the press have a right to print a cartoon.

Islam is supposed to be one of the world's great religions and yet it would appear to be one of the least mature. Intolerance can never justified is a free, civil, society and if the followers of Islam promote intolerance then they are truly hypocritical.

One final point, The young muslim dressed as a suicide bomer at a demonstration in London has been returned to jail for selling heroin and cocaine. Cartoonist infidel declared the drug peddling moron. Grow up please.

the one said:

well i'm not gana talk to much
but one small q?
why this freedom you talked about dosn't mention any thing about the jeuish religion?????????????/


strange people !!!!!

angel said:

I think that religion is anachronistic now. People should be taught to be less dependable.

mac said:

muslims will find any excuse for conflict its about time they exepted others. most of the trouble in the world today involve's religion and muslim terror.Its time to ban all
religion.

mac said:

muslims will find any excuse for conflict its about time they exepted others. most of the trouble in the world today involve's religion and muslim terror.Its time to ban all
religion.

kamal said:

show us your courage and make a cartoon about hollycost. or we will do ?? then we will see that freedom you speak about.

alex said:

Why draw a holocost cartoon? Depicting genocide that depicting the prophet Mohammed are two different things. At to the person complaining that no one is talking about Judaism, Jews are not the ones ranting about a stupid cartoon. Neither are christians, hindus or any other religions. The reason is a lack of immature fanaticism.

Mark said:

The cartoons were run in the egyptian paper in october of last year and no protests were made, why now? Could it be because Denmark is a western country? Will muslims boycott egypt now?
http://freedomforegyptians.blogspot.com/2006/02/egyptian-newspaper-pictures-that.html

Mark said:

The cartoons were run in the egyptian paper in october of last year and no protests were made, why now? Could it be because Denmark is a western country? Will muslims boycott egypt now?
http://freedomforegyptians.blogspot.com/2006/02/egyptian-newspaper-pictures-that.html

just a person said:

I just feel pity for those cartoonists who are not able do distinguish right from wrong.Words cannot solve the problem we are all having now.Nothing is to change.People had to think about it earlier...

hekmat said:

the isalam resepect all prophets who send from the allah as say in our quran book
The previous impression of the christian relegion was to respect all the relegoins
what happen then ? the is not responsible of the terrosim the terriost isnot consider musilms ii shia muslims opinions

ajay said:

If islam is velnerable to a few cartoons it will stay no more with or without cartoons.

Gerard said:

What kind of nonsense is this? I'm sure many are asking this question.Who are these people- mohamed, jesus, mary, joseph or for that matter jehovah, allah,siva , vishnuIts- all figments of our imaginations. god does not exist!!! It's all a lot of hogwash.
Stop fighting over imaginary things and get on with your life and try when possible to help others- not selflessly- you can't love your neighbor as yourself but can help you fellow man a little can't you?

Neal said:

I am sorry for my previous comments. By saying the things I have said I have simply lowered myself to the standards of these self righteous bastards. I know all Muslims are not like these cold blooded murderers. Sorry to those of you I may have offended. I find it very hard not to get emotional when I see the senseless killing everyday when I turn on the news. It's disgusting that, as a race we have not matured enough to accept people for who and what they are. I will never agree with murdering one another, no matter what the reason. Regardless of our beliefs we are still all family for God's sake. Sorry, was it okay to use the lords name .. man the world is a sick place. If there is a GOD he must be so pissed at us for the way we conduct ourselves. People, wake up .. do you realize the money that is wasted on War, it could be used to help people around the world suffering from hunger, Aids etc. What will it take for us all to just get along and accept our differences.. I pray every night for peace on earth but, I'm afraid it will never happen in my lifetime.

Peace on earth, please .. that's all I want .. Imagine ( as John Lennon said )

august zigmond said:

Are you kidding me after all this time are we
still whining about som cartoons.Which is it
that inflames the islamic world more the
cartoon or its accurate depiction of the
prophet as a blood thirsty lunatic.For 2000
yrs plus they have worshipped a religion
which has held them to the absolute bottom
of the worldwide food chain has kept them
in the dark ages has contributed nothing to
their well being or that of their descendants
and now their mad because of a CARTOON.
This is the most convoluted thinking ever
and certain proof that fanatical reliance on
3000 year old myths have absolutely no place
in modern civilized society whether muslim,
christian,jewish or otherwise.Religion is and
always has been an impediment to advance-
ment of society and the sooner it is gone
and the people of the world base their lives
in reality the better.

fevzi said:

Cartoons row is calling another hot topic: Turkey's bid to EU. Some people think that Turkey is not European, locates in Asia, and belong to another backward culture.

I have a few words to tell:

While we, Turkish people have been protecting your back from Russians during long and grey cold war years as one of the most important members of NATO, there was no fuss about Turkey's geographical position. After the cold war, international(!) oil companies, arm merchants and producers needed new enemies. On the other hand, all rich oil fields happened to be in muslim territories. So solution was easy, suddenly they started to play with their history old toy: religion. Some powers started to boil up interreligious tension, of course with the great help of idiots like most of us. Most of Muslim people were illiterate, poor, and full of hatred. Christians on the other side were still crusaders in their subconcious. Stage was perfectly ready.Cartoon conflict is a small part of the big play. Upcoming oil war in the middle east. Armageddon?
Well Europeans should remember! Geopolitics is a quite strange thing; if you guys have needed Turkey's help in the past, there is a good chance that you will need it some time in the future too.

If you have needed to pass through Gallipoli strait, with your gunships, it is quite likely that you will ask for it in the future too.

That time Turkey may be another Iran, even more powerful and even more hostile.

Think about it again!

dina said:

The Muslim belief of Jesus is between two extremes. The Jews, who rejected Jesus as a Prophet, said he was not the Son of God. The Christians, on the other hand, consider Jesus to be God's son, and worship him as according to that belief. Islam considers Jesus to be a righteous Prophet, but do not worship him. Rather they respect him as they do all Prophets, such as Abraham, Moses, Joseph, etc.

aicha said:

I have just become a muslim and i think they are rite for being so mad we don,t not do any-thing to another profits and we respect their brlives so they should do the same for us i am so happy to have become a muslim my family have disowned over it but if they to get to no muslims and give them a change then they will understand my husband is a muslim from morocco but i will tell you this he NEVER sak me to do this.This was my own choice

Louis Ononiwu said:

Personally, I am against anything that causes violence, threatens peace and encourages suspicion in the world. The cartoonist with his correct senses, should have known that religions and religious beliefs play domineery roles in the existence of this world and human beings in general.

George A. Campbell said:

I am a Jamaican and from this far removed Christian island would simply offer the following ponts.

1. At least one cartoon was offensive,
disrespectful and therefore
inappropriate.
2. Freedom of The Press is not unshackled
by either the law, civility or moral
decency.
3. Islamic terrorist atrocities are irrelevant
to these fundamental issues.
4. Apologies, having been tendered
should be accepted by true Moslems.
5.The Danish Prime Minister will come to
regret his miscalculation in not
apologizing on behalf of Danes.
He had a chance to mediate from
a position of moral courage. He is now
irrelevant to the crisis management
necessary.
6.The key media players in triggering all this
may hopefully learn that Freedom of
The Press does not need Sacralidge as a
bedfellow or security blanket.

One Love

Alex said:

"European countries must understand that Profit mohamed has been sent from GOD to all ....blah...blah...blah." - Radwan

Yeah, you missed out the words... 'in our opinion'.

I don't mind you protesting that the world is a cruel and dissrespectfull place -bitch away- but telling us that 'we all are ready to die in defence of profit Mohamed'.... I can't help but think 2 things:
1. What exactly does a DEAD profit sent by God (allegedly anyway) need to be defended from, exactly? Crap cartoons? Damn... if a crappy cartoon can do that much damage to your fragile religion, I'd hate to see how you'd react when someone turns up with the missing page from the Koran, you know, the one at the back that says 'all characters in the book are fictional and any resemblance to people or persons living or dead is entirely coincidental'.
2. You're really going to DIE over a cartoon? ....A...cartoon....seriously? Haven't you got anything better to do? Couldn't you die over world poverty or human rights abuses or hell... even the environment would be a better cause than ending your life over a stupid cartoon.

I have a suggestion for you and all radical Muslim fundamentalist nut-jobs:
1. Turn off your TV with those anoying pictures on.
2. Put down the paper with those anoying pictures on.
3. Count to ten, take a deap breath.
4. Instead of blowing everything up because you're pissed off all the time, try knitting a sweater or something else instead.... take up a *new* hobby.

Give it a try, you never know....

cayla said:

I'm a little chikki who is really trying to understand why Muslim and Christians alike have such a huge contrevercy I mean haven't we learn't from ZA racist apartheid it does'nt seem right to me

m man said:

its about time people got wise and see that religion does not work, its for the week and the lonley, get a life and live it without having to answer to a god that simply does not exsisted

Truth said:

It is time for Muslims to wake up and face the truth of way to GOD. I a Christian converted from ISLAM, and thank GOD for giving me the light and the path to heaven. I am positively sure that there are misunderstanding and misleading in ISLAM and the way how it is being the best and super religion. WHY JESUS or GOD send someone else, MOHAMAD, to proof him self. JESUS was referring to the Holy Spirit to come where each one of us will find and discover the path way to GOD.

There are NO rules and obligations between us and GOD; simply just love and support each other. We are simply human and will always be a sinner. Why God will be sending a messenger “MOHAMAD” and Holy Book “QURAN” and tell us hate someone, Jews, and kill them. Show me one Arabic country provide a freedom of speech or practice different religion without shame.

Arabic culture and traditions had brain washed people to believe that ISALM is the right way to God. Most of Muslims, that was me too, were feared of not being Muslim because what other may think or MUST think about themselves. They are about power, killing, punishments and being right all the time. Guess what, YOU “MUSLIMS” are not right all the time. There are a lot of coping from Christianity and claim that it is ISLAM thing. Enough teaching kids the wrong thing and forces them to do so. Let the nature provide you with real path way to GOD, no rules (must pray 5 times, fasting, Hajj, Zakat…etc).

I pray for all brothers and sisters in the world and hope you find the truth and your eternity. Please do not let be afraid of learning about what you want to learn about JESUS. Take the step and find out for yourself, he hears you and listen to you. I am saying this from experience NOT from MOM and DAD and MOSQUE. I have never read the Bible and feel God and Jesus everyday. Do you know why? Simply because I believe in JESUS and he is my savvier and died for my sins, and he is the truth; Not if my goods out weight my bads. This is not 51% deal and you will never be 100% clean.

Think about it!

Bless you all.

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