The law of blogs, wikis, and online forums
“A 12-person jury deliberated six hours over two days in January before awarding [the plaintiff] $50,000 in compensatory damages. The verdict made him the first plaintiff awarded damages in a libel suit against a blogger….The case is one of at least 50 similar suits filed in the past several years.” — Kansas City Daily News, October 26, 2006
“Social media – always fun until someone gets sued.” — FP Legal Post, March 16, 2009
What are blogs, wikis, and online forums?
Blogs, wikis, and online forums are part of the Web 2.0 social media explosion that are changing the way we do business and work with each other. Web 2.0 represents one of the greatest opportunities of our lifetime to share ideas and work collaboratively.
However, Web 2.0 also represents one of the newest legal threats to people and companies utilizing these tools. Whether you are new to Web 2.0 or a relative old-timer, you have probably witnessed more and more stories every day about people and companies getting in trouble for what they or their users have posted online.
What legal liability issues can arise from my blog, wiki, or online forum?
Generally, you face the same liability issues as anyone making a publication available to the public. The main legal liability issues include:
- Defamation
- Intellectual Property (Copyright/Trademark)
- Trade Secret
- Right of Publicity
- Invasion of Privacy
Whenever you open the Web 2.0 door, inevitably someone will publish information or post content that others don’t want published. Someone might, for example, publish something that someone considers defamatory or private, republish someone’s copyrighted content without permission, or misuse or tarnish someone’s trademark in a way that confuses consumers.
What can I do to protect yourself and my company?
- Understand your rights to link to information, quote from articles and blogs, or otherwise use someone else’s creative works.
- Understand how and when you can use the brand name of a good or service in your blog, wiki, or online forum.
- Develop and implement company policies and procedures for employees using Web 2.0 tools.
- Post clear and conspicuous terms and conditions for users.
- Implement a comprehensive and expeditious “notice-and-take-down” procedure for the removal of copyrighted material.
- Understand your rights and responsibilities under Section 230 of the Communication Decency Act of 1996.
–Matt
