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Posts for May 2nd 2011

How Not to Get Sued - British Media Law for Bloggers

By Amy CT · May 2, 2011 · 4 Comments · 109 Views

Image: HERE

As bloggers, we are constatntly checking our backs: linking to images that we use, creating disclaimers,and  telling people that we're checking they're not copying us. But, how much do we really know about the legal pitfals which could so easily bring us down?

After nearly three years as a blogger, and after several pretty close shaves with media law before I started blogging, I'm finding myself being more and more careful every day - but it's so hard to know which laws apply to bloggers based in Britain. If most of your readership is in another country, do you fall under their juristiction? If the only advice you've found so far is on American sites such as Independent Fashion Bloggers, are you really covering yourself properly?

Making sure you know your British Media Law should be a primary concern for any British bloggers - for now, it's all very basic.

Image: HERE

A crash course in British Media Law...

  • You will not be arrested for breach of copyright, libel, defamation or any of the other problems you might have. You can, however, be sued, or expected to pay a hefty out-of-court settlement.
  • Make it clear that you are writing from the United Kingdom/are a British Citizen/are covered by British Media Law. This makes it less likely for people to try to catch you out under the significantly tighter American Web Media Laws.
  • A lot of British media law covers crimes such as libel, which, although should be in the back of a bloggers' mind, is not especially important, if you're a generally nice person - basically, don't make up B.S. about people, and you're golden.
  • That said, if someone emails you stating that you have libeled them or made a defamatory comment, it is your responsibility to remove that content as soon as possible. Generally speaking, this will be enough. If it's not, remember that damages for web content are dependent on viewing figures. The chances of smaller blogs being targetted are minimal, and the sooner the content is removed, the easier things get for you.
  • If you're writing an overly opinionated piece which is likely to be contraversial in some way, it's best to label it as "Comment". If you justify your opinions, and do this, no one has anything on you. Huzzah!
  • Believe it or not, it's best not to moderate comments on your site before they're published. This makes you responsible for any defamatory or libellous content which commenters post. If you want to catch spam, use a CAPATCHA system (or similar plug-in), and delete any offensive or defamatory comments the minute that you see them.
  • All written work is yours by copyright whether or not you declare a copyright. If someone uses it without your permission, it's theft.
  • Always remember: everything online is owned by someone. Before you take an image, check if it Creative Commons Liscensed/if it states that it cannot be copied without permission/if it cannot be used by the public. Generally speaking, if you link-back to the original file, you should be fine - but be ready to take any images down if you are asked to!
  • Law presumes that if you write to the editor, you give permission for the letter to be printed. If someone emails you, and you wish to use that email, you can, without asking their permission.

 

Image: HERE

In the UK, bloggers are relatively lucky. Most media laws have not been changed since 1989, and thus the internet is covered in the same way as conventional media (newspapers, magazines, etc). But, it's changing: a bill is expected to be put to the Commons in the next year, to resolve loop holes and to bring British Web-Media Law in line with its international counterparts.

For now, take this on board, and you should be covered. But be vigilant - keep checking, and if it feels illegal, it probably is.

This information was gathered at a UK Press Association Training Day in late March 2011. It is, to my knowledge, accurate, but must not be used as defense and is in no way definitive. It is merely a guide.



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