Legal and Ethical Issues

Overview Issues of responsibility for libel, obscenity and indecency Aspects of copyright Issues involved in user agreement contracts Legal and ethical issues of linking Ethics of writing blogs Issues of responsibility for libel, obscenity and indecency Aspects of copyright Issues involved in user agreement contracts Legal and ethical issues of linking Ethics of writing blogs

Libel: Publication of false information that is defamatory, or likely to harm someone’s reputation Carries stiffer penalties than slander Slander involves spoken words or gestures Statements contained in Web pages, chat rooms or discussion boards are considered published material and are subject to libel suits. Libel: Publication of false information that is defamatory, or likely to harm someone’s reputation Carries stiffer penalties than slander Slander involves spoken words or gestures Statements contained in Web pages, chat rooms or discussion boards are considered published material and are subject to libel suits. Libel

Forum Shopping A U.S. news organization that publishes a Web site could be sued for libel by a country located half way around the world Forum shopping gives plaintiffs the power to choose courts likely to rule in their favor. A U.S. news organization that publishes a Web site could be sued for libel by a country located half way around the world Forum shopping gives plaintiffs the power to choose courts likely to rule in their favor.

Obscenity and Indecency Communications Decency Act of 1996— sought to apply strict indecency standards to Internet Supreme Court has ruled that the Internet should not be regulated as strictly as television broadcasts Attempts to restrict indecent material on the Internet violated the First Amendment Communications Decency Act of 1996— sought to apply strict indecency standards to Internet Supreme Court has ruled that the Internet should not be regulated as strictly as television broadcasts Attempts to restrict indecent material on the Internet violated the First Amendment

Copyright Copyright law protects Web pages, e- mails and postings to discussion groups Such items are recognized by law as being the property of their authors Fair use—allows others to use part of a copyrighted work in certain situations Public Domain Creative Commons Copyright law protects Web pages, e- mails and postings to discussion groups Such items are recognized by law as being the property of their authors Fair use—allows others to use part of a copyrighted work in certain situations Public Domain Creative Commons

Copyright and the Internet No previous medium has made it so easy to copy its content Napster - most famous Internet copyright case Grokster compromise Online journalists should generally assume that everything on the Internet is copyrighted, unless it is expressly offered for public domain use (e.g., some government sites) No previous medium has made it so easy to copy its content Napster - most famous Internet copyright case Grokster compromise Online journalists should generally assume that everything on the Internet is copyrighted, unless it is expressly offered for public domain use (e.g., some government sites)

User Agreements Nearly every online journalism site has a set of rules in which they set conditions for the use of the site In some cases, user agreements are restrictive and could damage free flow of information Nearly every online journalism site has a set of rules in which they set conditions for the use of the site In some cases, user agreements are restrictive and could damage free flow of information

Linking Law Legal issues with linking involve copyright and unfair competition Deep linking Inline linking Framing Associative linking Linking to illegal or infringing material Legal issues with linking involve copyright and unfair competition Deep linking Inline linking Framing Associative linking Linking to illegal or infringing material

Ethical Issues—Linking Will the link promote controversial points of view? Are different points of view presented fairly and are they well balanced? Are editorial and advertising content clearly separated? Will the link promote controversial points of view? Are different points of view presented fairly and are they well balanced? Are editorial and advertising content clearly separated?

How does a site preserve a robust discussion forum yet prevent intimidation of others? What kind of atmosphere is created if people are allowed to post malicious, threatening or insulting comments about other users, reporters or sources? Are users allowed to post anonymously? Are comments moderated? How does a site preserve a robust discussion forum yet prevent intimidation of others? What kind of atmosphere is created if people are allowed to post malicious, threatening or insulting comments about other users, reporters or sources? Are users allowed to post anonymously? Are comments moderated? Ethical Issues— Commenting

Legal/Ethical Issues—Blogging Can journalists be bloggers? Is the journalist acting as a journalist when he or she blogs? Is the journalist’s media organization responsible for what he or she writes? Can journalists be bloggers? Is the journalist acting as a journalist when he or she blogs? Is the journalist’s media organization responsible for what he or she writes?

Wikileaks In your opinion, does publication of classified information harm national security? Does the publication of this information serve an important public service? Wikileaks In your opinion, does publication of classified information harm national security? Does the publication of this information serve an important public service? Ethical Issues— Publication of “Secret” Information

Should journalists have the right to not be forced to reveal his or her sources? Some states have shield laws, but who is covered by those laws? Should journalists have the right to not be forced to reveal his or her sources? Some states have shield laws, but who is covered by those laws? Ethical Issues— Reporters’ Privilege

Journalists should not manipulate images and sound to mislead readers and misrepresent subjects. Ethical Issues— Image and Sound Editing