Gimmie Back My Freedom
Monday, July 31, 2006
  Freedom of speech on the net
It seems that the law in some countries is such that ISPs and websites can be be bullied into removing content of their users on a simple notification of an alledged defamatory comment. It would appear that is doesn't actually have to be substantiated.

From the BBC News website it states:
Under the law in countries such as Canada, the UK, and Australia, intermediaries can face potential liability for failing to remove allegedly defamatory content once they have received notification of such a claim, even without court oversight. As a result, many ISPs and websites remove content in response to unproven claims, even if they privately doubt that the content is indeed defamatory.

This is extremely worrying. If someone does not like what another says all they need to do is notify the ISP or website host and the content could be removed without it going to court. This system could be open to absuse by anyone with a grievance against the person who posted the original comments. From the point of view of the website host or ISP there is no risk in removing content, but to keep it would put them in a potentially costly situation. The easist thing for them to do is to capitulate to the person making the allegation. Obviously, this means that freedom of speech is curtailed. A situation which is, quite frankly, unacceptable.

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