Blogging lawyers in the state may be relieved to know that they cannot be found liable for defamation if they link to or post online a libelous article written by someone else. That was the finding of the state Appellate Court, which ruled that NBC Universal, thorough its cnbc.com website, was not responsible for the content of an article by Teri Buhl, a self-described "smashmouth investigative journalist."
Ryan O'Neill, of the Law Offices of Mark Sherman in Stamford, sued both Buhl and NBC on behalf of a New Canaan securities dealer. The court's decision "is basically saying, 'I know that something is false but as long as it was created by another person, I can sit there and disseminate it all I want," said O'Neill.
Supreme Court of Canada Stands Up
for the Internet: No Liability for Linking
that focused on the issue of liability for linking to allegedly defamatory content. The court provided a huge win for the Internet as it clearly understood the significance of linking to freedom of expression and the way the Internet functions by ruling that there is no liability for a mere hyperlink. The key quote from the majority, written by Justice Abella:
I would conclude that a hyperlink, by itself, should never be seen as “publication” of the content to which it refers.
Read more: http://www.michaelgeist.ca/content/view/6069/125/
Linking and Liability
Links between content on the Internet are ubiquitous, and no doubt will remain so. Nevertheless, there are questions about the legality of such connections. This portion of BitLaw explains the mechanics of linking, and situations in which links may cause legal problems for their creators.
- what is linking?;
- why link?;
- problems with linking;
- the Shetland Times case
Copyright aspects of hyperlinking and framing
Read more http://en.wikipedia.org/wiki/Copyright_aspects_of_hyperlinking_and_framing