Naasongs.fun
It is not entirely necessary to remove anonymity from Cyberspace in order to reduce rogue behaviour, as with the correct disciplinary procedures users may be less willing to act inappropriately. However, it may be no error that World of Warcraft should seek to aspire to the civil nature of the WELL by removing the ability of users to hide their true identities. However, there is still no guarantee that ‘flames’ such as aggressive and threatening comments posted by Snerts and E-Vengers can be avoided (Bishop, 2009).
Indeed, at the dawn of the Worldwide Web and the realisation of Cyberspace, Johnson (1994) spoke out about the conflicts in Cyberspace, which while not ‘fist-fights’, would need to be resolved. Two years before Barlow’s constitution-like declaration he said.
Limitations and Directions for Future Research
This chapter has explored a range of existing principles that make up the constitutional and administrative arrangements of the United Kingdom as compared to those envisaged in Cyberspace by John Perry Barlow in 1996. There is currently a shortfall in the amount of research looking at how existing constitutional law, such as that relating to human and civil rights applies to contemporary concepts such as Network Neutrality. This chapter can go some way to understanding the constitutional arrangements that exist in the UK and the basis on which such policies can exist within the current legal framework without massive changes needed to primary legislation.
Defamation and the E-Commerce Directive
However, an ISP will lose immunity if, on obtaining knowledge of the illegal activity, it fails to act expeditiously to remove or disable access to the information. It is not entirely clear how expeditious an ISP needs to be to avoid liability. The requirement to act expeditiously is the equivalent to (and just as vague as) the reasonable care requirement of the section defence under the Defamation Act (see under the heading Defence raised by intermediaries).
Meaning of Libel and Slander and Their Relationship with the Law of Defamation
Libel and slander are the two limbs of the tort of defamation. There has been some debate as to whether postings on the Internet amount to libel or slander. Libel is the publication in the permanent form of a defamatory statement. Slander is its publication in transitory form. It is generally accepted that defamatory statements on web pages are to be regarded as libel, whereas, in the case of Smith v ADVFN Plc and others [2008] EWHC 1797 (QB) the High Court classified chat on an Internet bulletin board as more akin to slander than to libel. An important difference between the two is that for slander the claimant will often have to prove that he has suffered some actual financial loss, but this is not necessary in the case of libel.
Libel and slander are the two limbs of the tort of defamation. There has been some debate as to whether postings on the Internet amount to libel or slander. Libel is the publication in the permanent form of a defamatory statement. Slander is its publication in transitory form. It is generally accepted that defamatory statements on web pages are to be regarded as libel, whereas, in the case of Smith v ADVFN Plc and others [2008] EWHC 1797 (QB) the High Court classified chat on an Internet bulletin board as more akin to slander than to libel. An important difference between the two is that for slander the claimant will often have to prove that he has suffered some actual financial loss, but this is not necessary in the case of libel.
Primary Publishers vs. Secondary Publishers
For a defendant to be liable for defamation, he must be a publisher of the defamatory statement. The definition of publisher in common law includes anyone who participated in the publication of a defamatory statement. This is very wide, encompassing both primary and secondary publishers. A primary publisher of defamatory material is one who exercises direct editorial control over the published statements. This is defined in section 1(2) of the Defamation Act (and will include authors, editors and publishing houses).
