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Question

WEB SITE:  http://www.legalnet.co.za/cyberlaw/cybertext/chapter12.htm

http://www.eff.org/issues/bloggers/legal/liability/defamation

Instructions: The growth of Internet Web logs (blogs), chat rooms, and individual Web sites have expanded the number of forums through which many people can exchange information and express their opinions. While the Internet has expanded freedom of expression in this way, it has also provided a medium through which many incidents of defamation have been raised.

Click on the first link above and read the article regarding online defamation and its relation to U.S. law, provided by the South African law firm of Sonnenberg Hoffman & Galombik, and answer the first three questions below:

1. What 4 features distinguish the Internet from other publishing mediums that have led to the re-examination of the existing rules of defamation? (3 pts.)

2. Whether a party is characterized as a publisher is largely dependent on what? (3 pts.)

3. In the Cubby case, in what way did the court compare an Internet service provider (ISP) to a library, book store, or news stand? (3 pts.)

Next, open the second link above to the Electronic Frontier Foundation's "Bloggers' FAQ – Online Defamation Law" page, read the page, and answer the following two questions.

4. What 4 elements must be proven to establish defamation? (3 pts.)

5. What are 4 examples given for "libel per se"? (3 pts.)

Explanation / Answer

As per policy only first four questions will be answered

1. the four features are

Internet is a global business and hence raises jurisdictional issues and questions as to the applicable governing law

Internet is interactive with an opportunity of an immediate reply

2. It largely depends on how much editorial control is excersized over the content

3. According to the court, ISP acts as an electronic library aggregating various publications and just like a library, book store, or news stand, they don't have control over the content of publication as it is not feasible to check all the content

4. the elements are

i ) a publication to one other than the person defamed

ii) false statement of facts

iii) it is of concern to the plaintiff understoodably

iv) it is tending to harm the reputation of the plaintiff

the plaintiff must also prove actual malice, in case he is a public figure

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