Kaye Grogan
Computer character assassination . . . freedom of speech or libelous?
By Kaye Grogan
The 212th legislature Assembly # 1327 sponsored by Assemblyman Peter J. Biondi to hold Internet providers responsible for content in New Jersey should set the "code of conduct" for public forums in every state.
Using the Internet posting "anonymous" nicknames to slander and defame people that one does not like or agree with their beliefs or a political stance should not be tolerated. There needs to be a"criteria" clause established and maintained regarding respect of persons. If a person took the approach of slandering or defaming another person in public or the workplace — this would be considered "harassment" and liable under defamation laws resulting in lawsuits, and it should be inappropriate behavior on the computer as well. I am talking about personal attacks here.
When many people are void of respecting others, sometimes restrictions pertaining to code of ethics and conduct have to be established. Search engines such as Google, MSN, etc. allow defamatory content to be listed in their engines without anyone effectively overseeing or monitoring "abusive" practices.
The people who (intentionally) set up blog boards to defame others should be held accountable for the content. Posting a feeble "we are not responsible for the content of the posts" is irresponsible and should be liable. We should all have a responsibility to show good taste and set examples.
Oftentimes, underage teens participate in inflammatory conduct on the web, without their parents being any the wiser of their slanderous activity.
The bill sponsored by Biondi would also put the burden of compensatory and punitive damages along with lawyer and court costs on the shoulders of Internet Service Providers. The bill would also require an operator of any interactive computer service or Internet provider to establish, maintain, and enforce a policy where those posting messages on a public forum website must be identified through legal names and addresses. This measure would make those who post false or defamatory statements liable for their actions to the courts if they are sued for defamation of character.
There is also the abuse of copyright infringement of posting articles or excepts from articles with the sole purpose of defaming writers on blog boards. Illegal uses of copyrighted photographs are also tolerated by search engines.
Let's look at what is considered to be libelous in character assassination: The publication of a false statement that is damaging to a person's reputation in written form. An oral character assassination is considered to be slander. Both practices are considered to be defamatory and therefore can and should be libelous.
If the legislation passes in New Jersey requiring that ISP owners be held accountable for what they allow to be posted on public forum boards, the law and repercussions will be crystal clear.
Since Patrick Henry was a man of decency and integrity-somehow, I feel he would be adamantly opposed to how abusive "freedom of speech" has become over the last 30-35 years. Henry would probably not be the strong advocate in modern times he was on March 23, 1775, if he was alive today, much less proclaim his famous outburst: "give me liberty or give me death!" Many people are unaware that Patrick Henry a lawyer by profession, rode into Culpepper, Virginia and found a minister tied to a thrashing post for preaching the "Gospel of Jesus Christ." The minister along with several other ministers refused to be licensed by the governor. I don't blame him, because this was a movement to control religious freedoms. This miscarriage of injustice along with others eventually inspired Patrick Henry's opposition to restrictions on freedom of speech — not for mankind (in the future) to indulge in pornographic material or use vile profanity. Everything in that era was based on morality and establishing a country based on godly principles. Patrick Henry was also opposed to slavery. We owe a debt of gratitude to Patrick Henry for being instrumental in the adoption of the Bill of Rights.
There are respectful ways to express differences of opinions and resorting to personal attacks suggests the people in opposition are void of being able to defend their opposing views in a coherent effective manner. In the process their credibility suffers.
The synopsis of the legislature offered by Jerry J. Biondi: Makes certain operators of interactive computer services and Internet service providers liable to persons injured by false or defamatory messages posted on public forum web sites.
At least this is a step in the right direction.
And that's just my opinion!
© Kaye Grogan
The 212th legislature Assembly # 1327 sponsored by Assemblyman Peter J. Biondi to hold Internet providers responsible for content in New Jersey should set the "code of conduct" for public forums in every state.
Using the Internet posting "anonymous" nicknames to slander and defame people that one does not like or agree with their beliefs or a political stance should not be tolerated. There needs to be a"criteria" clause established and maintained regarding respect of persons. If a person took the approach of slandering or defaming another person in public or the workplace — this would be considered "harassment" and liable under defamation laws resulting in lawsuits, and it should be inappropriate behavior on the computer as well. I am talking about personal attacks here.
When many people are void of respecting others, sometimes restrictions pertaining to code of ethics and conduct have to be established. Search engines such as Google, MSN, etc. allow defamatory content to be listed in their engines without anyone effectively overseeing or monitoring "abusive" practices.
The people who (intentionally) set up blog boards to defame others should be held accountable for the content. Posting a feeble "we are not responsible for the content of the posts" is irresponsible and should be liable. We should all have a responsibility to show good taste and set examples.
Oftentimes, underage teens participate in inflammatory conduct on the web, without their parents being any the wiser of their slanderous activity.
The bill sponsored by Biondi would also put the burden of compensatory and punitive damages along with lawyer and court costs on the shoulders of Internet Service Providers. The bill would also require an operator of any interactive computer service or Internet provider to establish, maintain, and enforce a policy where those posting messages on a public forum website must be identified through legal names and addresses. This measure would make those who post false or defamatory statements liable for their actions to the courts if they are sued for defamation of character.
There is also the abuse of copyright infringement of posting articles or excepts from articles with the sole purpose of defaming writers on blog boards. Illegal uses of copyrighted photographs are also tolerated by search engines.
Let's look at what is considered to be libelous in character assassination: The publication of a false statement that is damaging to a person's reputation in written form. An oral character assassination is considered to be slander. Both practices are considered to be defamatory and therefore can and should be libelous.
If the legislation passes in New Jersey requiring that ISP owners be held accountable for what they allow to be posted on public forum boards, the law and repercussions will be crystal clear.
Since Patrick Henry was a man of decency and integrity-somehow, I feel he would be adamantly opposed to how abusive "freedom of speech" has become over the last 30-35 years. Henry would probably not be the strong advocate in modern times he was on March 23, 1775, if he was alive today, much less proclaim his famous outburst: "give me liberty or give me death!" Many people are unaware that Patrick Henry a lawyer by profession, rode into Culpepper, Virginia and found a minister tied to a thrashing post for preaching the "Gospel of Jesus Christ." The minister along with several other ministers refused to be licensed by the governor. I don't blame him, because this was a movement to control religious freedoms. This miscarriage of injustice along with others eventually inspired Patrick Henry's opposition to restrictions on freedom of speech — not for mankind (in the future) to indulge in pornographic material or use vile profanity. Everything in that era was based on morality and establishing a country based on godly principles. Patrick Henry was also opposed to slavery. We owe a debt of gratitude to Patrick Henry for being instrumental in the adoption of the Bill of Rights.
There are respectful ways to express differences of opinions and resorting to personal attacks suggests the people in opposition are void of being able to defend their opposing views in a coherent effective manner. In the process their credibility suffers.
The synopsis of the legislature offered by Jerry J. Biondi: Makes certain operators of interactive computer services and Internet service providers liable to persons injured by false or defamatory messages posted on public forum web sites.
At least this is a step in the right direction.
And that's just my opinion!
© Kaye Grogan
The views expressed by RenewAmerica columnists are their own and do not necessarily reflect the position of RenewAmerica or its affiliates.
(See RenewAmerica's publishing standards.)
