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Title: Websites to be forced to identify trolls under new measures
Source: BBC
URL Source: http://www.bbc.com/news/technology-18404621
Published: Jun 11, 2012
Author: BBC
Post Date: 2012-06-11 20:09:35 by We The People
Keywords: None
Views: 7313
Comments: 20

Websites to be forced to identify trolls under new measures

Facebook homepage on iPhone

Sites such as Facebook have been used to abuse people under the mask of anonymity

Related Stories

Websites will soon to be forced to identify people who have posted defamatory messages online.

New government proposals say victims have a right to know who is behind malicious messages without the need for costly legal battles.

The powers will be balanced by measures to prevent false claims in order to get material removed.

Last week, a British woman won a court order forcing Facebook to identify users who had harassed her.

Nicola Brookes had been falsely branded a paedophile and drug dealer by users - known as trolls - on Facebook.

Facebook, which did not contest the order, will now reveal the IP addresses of people who had abused her so she can prosecute them.

The new powers, to be added to the Defamation Bill, will make this process far less time-consuming and costly, the government said.

Complying with requests would afford the website greater protection from being sued in the event of a defamation claim. End to 'scurrilous rumour'

Currently, in legal terms, every website "hit" - visit - on a defamatory article can be counted as a separate offence.

This means many websites remove articles as soon as a defamation claim is made - either rightly or wrongly.

"Website operators are in principle liable as publishers for everything that appears on their sites, even though the content is often determined by users," said Justice Secretary Ken Clarke.

"But most operators are not in a position to know whether the material posted is defamatory or not and very often - faced with a complaint - they will immediately remove material.

Nicola Brookes

Nicola Brookes said the abuse started after she posted a message about an X Factor star

"Our proposed approach will mean that website operators have a defence against libel as long as they identify the authors of allegedly defamatory material when requested to do so by a complainant."

Mr Clarke said the measures would mean an end to "scurrilous rumour and allegation" being posted online without fear of adequate punishment.

"The government wants a libel regime for the internet that makes it possible for people to protect their reputations effectively but also ensures that information online can't be easily censored by casual threats of litigation against website operators.

"It will be very important to ensure that these measures do not inadvertently expose genuine whistleblowers, and we are committed to getting the detail right to minimise this risk." (2 images)

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Begin Trace Mode for Comment # 6.

#1. To: We The People (#0)

It is about time.

So let's start naming names: yukon, gatlin, harrowup, grandIsland, 22rifle, Goldi-Lox. Let us not forget special mention: SOD.

buckeroo  posted on  2012-06-11   20:12:15 ET  Reply   Untrace   Trace   Private Reply  


#5. To: buckeroo, We The People (#1)

It's from dotty old England. They have a totalitarian streak.

People should be careful though as British laws can reach overseas.

I think this will only apply to people who identify themselves by name. It won't apply to anonymous handles except in rare instance (like a famous but anonymous blogger which is a case of a pen name).

The day they start doing this in the States, I'll stop posting altogether.

Tooconservative  posted on  2012-06-11   20:30:36 ET  Reply   Untrace   Trace   Private Reply  


#6. To: TooConservative (#5) (Edited)

Isn't Facebook hosted here?

Facebook, which did not contest the order, will now reveal the IP addresses of people who had abused her so she can prosecute them.

We The People  posted on  2012-06-11   20:36:17 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 6.

#7. To: We The People (#6)

Facebook, which did not contest the order, will now reveal the IP addresses of people who had abused her so she can prosecute them.

How is this possible? It isn't.

buckeroo  posted on  2012-06-11 20:47:09 ET  Reply   Untrace   Trace   Private Reply  


#8. To: We The People (#6)

Global. So by operating in England, they are subject.

However, English libel laws have very long arms.

If some British citizen came here to LF and registered and identified themselves by name/location and then someone started trashing them or libeling them, then even an otherwise anonymous American forum might be legally compelled by British courts via reciprocity to reveal the IP address of the posters and they could then be dragged into British courts.

This has happened repeatedly to American writers, getting sued in Britain. It has given rise to libel tourism.
The Free Speech Protection Act of 2008 and 2009 were both bills aimed at addressing libel tourism by barring U.S. courts from enforcing libel judgments issued in foreign courts against U.S. residents, if the speech would not be libelous under American law. These protections were passed in the 2010 SPEECH Act which passed unanimously in both the House of Representatives and the Senate before being signed by US President Barack Obama on August 10, 2010.

Tooconservative  posted on  2012-06-11 20:52:47 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 6.

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