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The tip of the iceberg?The emergence of blogging has brought a range of legal liabilities and other often unforeseen consequences. One area of concern is the issue of bloggers releasing proprietary or confidential information. Another area of concern is blogging and defamation. A third area of concern is employees who write about aspects of their place of employment or their personal lives, and then face loss of employment or other adverse consequences. A number of examples of blogging and its sometimes negative or unforeseen consequences are cited here. Blogging and defamation or liabilitySeveral cases have been brought before the national courts against bloggers concerning issues of defamation or liability. The courts have returned with mixed verdicts. Internet Service Providers (ISPs), in general, are immune from liability for information that originates with Third Parties. In Malaysia, eight Royal Dutch Shell Group companies collectively obtained in June 2004 an Interim Injunction and Restraining Order against a Shell whistleblower, a Malaysian geologist and former Shell employee, Dr John Huong. The proceedings are in respect of alleged defamatory postings attributed to Dr Huong on a weblog hosted in North America but owned and operated by an 89 year old British national, Alfred Donovan, a long term critic of Shell. The Shell action is directed solely against Dr Huong. Further proceedings against Dr Huong were issued by the same plaintiff companies in 2006 in respect of publications on Donovan weblog sites in 2005 and 2006. The further proceedings include a "Notice to Show Cause" relating to a "contempt of court" action potentially punishable by imprisonment. The contempt hearing and a related application by the eight Royal Dutch Shell plaintiff companies for Dr Huong to produce Alfred Donovan for cross-examination in connection with an affidavit Donovan provided, was scheduled to be heard in the High Court of Malay in Kuala Lumpur on 17th August 2006. Donovan's principle weblog is royaldutchshellplc.com. In January 2007, Jeff Ooi and Rocky's Bru are sued for defaming a pro-government newspaper. This is the first legal case against bloggers in the country. In Britain, a college lecturer contributed to a blog in which she referred to a politician (who had also expressed his views in the same blog) using various uncomplimentary names, including referring to him as a "Nazi". The politician found out the real name of the lecturer (she wrote under a pseudonym) via the ISP and successfully sued her for £10,000 in damages and £7,200 costs. Blogging and employmentLosing one's employment as a consequence of personal blog commentary about the place of employment has become so commonplace that there is now an informal verb for the event: "dooced". The word dooce originates from the pseudonym of Heather Armstrong, who lost her job after writing satirical accounts of her place of employment on her personal blog. In general, attempts at hiding the blogger's name and/or the place of employment in anonymity have proved ineffective at protecting the blogger. In the spring of 2006, Erik Ringmar, a tenured senior lecturer at the London School of Economics was ordered by the convenor of his department to "take down and destroy" a blog in which he discussed student life at the school. Mark Cuban, owner of the Dallas Mavericks, was recently fined during the 2006 NBA playoffs for criticizing NBA officials on the court and in his blog. Mark Jen was terminated in 2005 after a mere 10 days of employment at Google for discussing corporate secrets on his personal blog. Blogging and political consequencesBlogging can sometimes have unforeseen consequences in politically sensitive areas. People are trying to express their political feelings through blogs now. Everyone trying to change the world through them. Sometimes it helps and they get known but sometimes they can get into a very serious trouble because representing their political beliefs. There are many examples of this in the history of blogging. Blogging and other consequencesOne unfortunate consequence of blogging is the possibility of attacks or threats against the blogger, sometimes for no rational reasons. A blog is, after all, open to the public to view and respond to. Kathy Sierra, author of the innocuous blog Creating Passionate Users, was the target of such vicious threats and misogynistic insults on the internet that she canceled her keynote speech at a technology conference in San Diego for fear of her safety. On the one hand a blogger's anonymity is tenuous at best, while on the other hand those such as internet trolls who would attack a blogger with threats or insults can be emboldened by their anonymity. Sierra and others have initiated internet discussions aimed at countering abusive online behaviour, including developing a blogger's code of conduct. |
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