[Chapter-delegates] Urgent suggestion

Sun Jun 23 19:29:26 PDT 2013

Norbert, Babu,

I think that the case put forward by Babu Ram Aryal is a good test of what we do and how we think.

Basically I think that the problem - whether saying that a school's students do something untoward is defamation against the school - is not properly an Internet problem. The key lies offline: is it defamation under the country's laws? is it a serious case in that society's mind?

If it is indeed a case meriting attention - note taken of the Streisand effect - then the prosecution must be based on applicable, existing law. If the law includes explicitly the Internet then you have a clear-cut case. I assume it's not so (otherwise Babu wouldn't have written.)

If a case is filed at all, i.e. if the matter does not "die" soon, lawyers should consider whether use of the Internet for this report makes it worse (e.g. due to anonymity, wide reach, indelibility) or less bad (more like a prank, kiddie stuff) than spreading it by other means (the press, television, mimeographed leaflets, painting it on walls, writing it in the sky with smoke from an airplane...)

There is a serious warning here: many countries and subnational jurisdicitons (states, provinces, even counties) are writing or modifying anti-defamation and slander or libel laws as we speak. Some of them are awful - they are written in un-specific terms and allow for broad interpretations, so they can more easily be used or abused to quash free speech than on actual defamation cases.

So ISOC chapters may be involved in discussing, modifying or fighting such laws. It is the case for us in Mexico, where one Federal state's legislature has approached anti-cyberbullying law through the defamation angle (defamation is seen as part of cyberbullying and the most promising one for lawmakers.)

This got some very strong opposition within that state and nationally. We did file a brief opinion against it. The governor of that state has vetoed the law and returned it to the legislature with strong arguments in favor of a better law that does not serve to attack free speech.

A final note: the general global trend, recommended by many international instances, is to treat defamation only under civil law and not under criminal law. That is a further limit to the abuse of the criminalization of speech and opinions as a means to exert power and control, while it does seem to leave room enough for people to defend against real defamation and slander.

OTOH do note that if I understand well, countries like Australia seem to have strong anti-defamation laws with transjurisdictional reach; a really fearsome situation.

Disclaimer: I am not a lawyer. Call one in-country if you are going to act on a legal basis!

Yours,

Alejandro Pisanty

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________________________________
Desde: chapter-delegates-bounces at elists.isoc.org [chapter-delegates-bounces at elists.isoc.org] en nombre de Norbert Klein [nhklein at gmx.net]
Enviado el: domingo, 23 de junio de 2013 20:57
Hasta: chapter-delegates at elists.isoc.org; babu at isoc.org.np
Asunto: Re: [Chapter-delegates] Urgent suggestion

Thanks for raising this question also on the Chapter Delegates List.

Thanks for the first response from Joly pointing to the Streisand effect.

I hope for further responses, as I think it is important that there is more exchange among Chapters and with ISOC Staff about the different painful interventions by authorities into the freedom and life of Netizens - often with very shaky reasons - as in this case from Nepal ("brinzal" can also spelled "brinjal" for "eggplants").

Apart from our discussions about ITU and PRISM and WCIT which I consider also important, I am always hoping that questions of personal security and integrity of our fellow Internet uses ("The Internet is for everyone") receive also more space in our exchanges - especially also relating to solidarity activities for Chapters and their environment, from ISOC central and from the ISOC regional offices.

Norbert Klein
Member of the Executive Committee
ISOC Cambodia Chapter

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On 6/23/2013 12:09 AM, Joly MacFie wrote:
One thing the authorities should take into consideration is what is known as the Streisand effect. That is that overreaction may only result in further attention, thus bringing further embarassment.

https://en.wikipedia.org/wiki/Streisand_effect

On Sat, Jun 22, 2013 at 7:42 AM, Babu Ram Aryal <babu at isoc.org.np<mailto:babu at isoc.org.np>> wrote:

Dear All
We have a twist on FOE over Online in Nepal. Three journalist are arrested. FIR lodged against them by the principal of a college who accused the content of a news online managed by defendants are defamatory.

The online reported that brinzal, a kind of vegetable, were found in toilet of a women's college. It is also written that brinzals are being used by girls as sex toy to satisfy their sexual emotions.

Do you think this is defamatory ? Can a college claim it's reputation is defamed? What is practice of governing a news content online, around the world?

Your suggestions are highly appriciated.

Thanks.
Sent from my iPhone
Babu Ram Aryal

President
ISOC Nepal
+977 9851048401<tel:%2B977%209851048401>

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