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 Libel - publication of false information that is defamatory Statements contained in Web pages, chat rooms or discussion boards are considered subject to libel suits Who is held accountable for libel? Libel - publication of false information that is defamatory Statements contained in Web pages, chat rooms or discussion boards are considered subject to libel suits Who is held accountable for 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 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

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?

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?

Amateur Journalism? 1999 Texas A&M Bonfire Collapse Austin360.com post-it forums became a place of mourning BUT, evolved into an “EMS leak” board Content Managers began to moderate board and censor posts. New relationship between audience and media? 1999 Texas A&M Bonfire Collapse Austin360.com post-it forums became a place of mourning BUT, evolved into an “EMS leak” board Content Managers began to moderate board and censor posts. New relationship between audience and media?