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	<title>Comments on: Defamation and anonymous blogging</title>
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	<link>http://skepticlawyer.com.au/2007/10/defamation-and-anonymous-blogging/</link>
	<description>Two lawyers on law, legislation and liberty. And other stuff.</description>
	<pubDate>Thu, 20 Nov 2008 12:36:47 +0000</pubDate>
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		<title>By: Barry</title>
		<link>http://skepticlawyer.com.au/2007/10/defamation-and-anonymous-blogging/#comment-11503</link>
		<dc:creator>Barry</dc:creator>
		<pubDate>Sun, 28 Oct 2007 11:11:12 +0000</pubDate>
		<guid isPermaLink="false">http://legalsoapbox.wordpress.com/2007/10/22/defamation-and-anonymous-blogging/#comment-11503</guid>
		<description>It is not surprising that the right to protect reputation was held to outweigh the right of freedom of expression, given that that is exactly what the law of defamation does (and in a not unreasonable way, according to the recent HL decision in Jameel).

As for a promise of confidentiality to anonymous posters, any web forum which does that these days would be exposing itself to serious risks: even if we can never identify the anonymous ones, we can always identify those responsible for the forum and go after them. There is no "its the internet" defence, although removing oneself and one's site to, say, Chad or the Sudan might give one certain legal protections. Short of that, allowing anonymous commenting really puts quite a high responsibility on the forum host to make sure they do not stay up for long if they carry any risk of being defamatory (or otherwise unlawful).

As for truth being a defence, even when it is, the onus is on the speaker to prove it. Not always an easy task.</description>
		<content:encoded><![CDATA[<p>It is not surprising that the right to protect reputation was held to outweigh the right of freedom of expression, given that that is exactly what the law of defamation does (and in a not unreasonable way, according to the recent HL decision in Jameel).</p>
<p>As for a promise of confidentiality to anonymous posters, any web forum which does that these days would be exposing itself to serious risks: even if we can never identify the anonymous ones, we can always identify those responsible for the forum and go after them. There is no &#8220;its the internet&#8221; defence, although removing oneself and one&#8217;s site to, say, Chad or the Sudan might give one certain legal protections. Short of that, allowing anonymous commenting really puts quite a high responsibility on the forum host to make sure they do not stay up for long if they carry any risk of being defamatory (or otherwise unlawful).</p>
<p>As for truth being a defence, even when it is, the onus is on the speaker to prove it. Not always an easy task.</p>
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		<title>By: blonde canadian</title>
		<link>http://skepticlawyer.com.au/2007/10/defamation-and-anonymous-blogging/#comment-11510</link>
		<dc:creator>blonde canadian</dc:creator>
		<pubDate>Thu, 25 Oct 2007 02:54:30 +0000</pubDate>
		<guid isPermaLink="false">http://legalsoapbox.wordpress.com/2007/10/22/defamation-and-anonymous-blogging/#comment-11510</guid>
		<description>Wow, some interesting stuff there, LE.

I post under a pseudonym for two reasons:

a) I write about my work a lot and want to protect the privacy of my students and collegeaues. It's my policy NOT to write things that I wouldn't be comfortable saying to their faces. The same goes for commenting on others' blogs. If I was having the conversation with them in person, is it something I'd say? If not, it gets deleted.

b) you'd be surprised how often students google their teachers. They look up your address, personal details and so on. As it is, I've had several requests to become 'facebook friends' (namely from year 11 boys), all of which I've denied as quite frankly, the less the kids know about me, the better.</description>
		<content:encoded><![CDATA[<p>Wow, some interesting stuff there, LE.</p>
<p>I post under a pseudonym for two reasons:</p>
<p>a) I write about my work a lot and want to protect the privacy of my students and collegeaues. It&#8217;s my policy NOT to write things that I wouldn&#8217;t be comfortable saying to their faces. The same goes for commenting on others&#8217; blogs. If I was having the conversation with them in person, is it something I&#8217;d say? If not, it gets deleted.</p>
<p>b) you&#8217;d be surprised how often students google their teachers. They look up your address, personal details and so on. As it is, I&#8217;ve had several requests to become &#8216;facebook friends&#8217; (namely from year 11 boys), all of which I&#8217;ve denied as quite frankly, the less the kids know about me, the better.</p>
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		<title>By: Dave Bath</title>
		<link>http://skepticlawyer.com.au/2007/10/defamation-and-anonymous-blogging/#comment-11509</link>
		<dc:creator>Dave Bath</dc:creator>
		<pubDate>Wed, 24 Oct 2007 11:20:56 +0000</pubDate>
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		<description>If you use FireFox as a browser and look through available plugins, you'll find those that can (a) anonymously proxy your connection so it's very hard to get an IP address of where you come from, (b) create a "temporary" but real email that only lasts for a couple of hours (useful when you need to give a valid email to get access to a download, but don't want your letterbox stuffed with promotional material later).  While I'm a strong privacy advocate, I think people &lt;em&gt;should&lt;/em&gt; behave exactly the same, regardless of whether or not they are wearing a "mask".

I'd also note "real-world" impacts of harrassment in SecondLife, not just blogs.  (I'm not a 2ndLifer, I just read NewScientist).

Bruce: Truth is not a defence, I think, in Qld.  In some Oz jurisdictions, the only issue is whether the subject of the comment was "harmed" - regardless of whether the "harmful" statement was true and the "harm" deserved - e.g. restaurant business falls off because someone points out they had flies in their soup.  Doubtless LE can correct me if I'm wrong.</description>
		<content:encoded><![CDATA[<p>If you use FireFox as a browser and look through available plugins, you&#8217;ll find those that can (a) anonymously proxy your connection so it&#8217;s very hard to get an IP address of where you come from, (b) create a &#8220;temporary&#8221; but real email that only lasts for a couple of hours (useful when you need to give a valid email to get access to a download, but don&#8217;t want your letterbox stuffed with promotional material later).  While I&#8217;m a strong privacy advocate, I think people <em>should</em> behave exactly the same, regardless of whether or not they are wearing a &#8220;mask&#8221;.</p>
<p>I&#8217;d also note &#8220;real-world&#8221; impacts of harrassment in SecondLife, not just blogs.  (I&#8217;m not a 2ndLifer, I just read NewScientist).</p>
<p>Bruce: Truth is not a defence, I think, in Qld.  In some Oz jurisdictions, the only issue is whether the subject of the comment was &#8220;harmed&#8221; - regardless of whether the &#8220;harmful&#8221; statement was true and the &#8220;harm&#8221; deserved - e.g. restaurant business falls off because someone points out they had flies in their soup.  Doubtless LE can correct me if I&#8217;m wrong.</p>
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		<title>By: fairlane</title>
		<link>http://skepticlawyer.com.au/2007/10/defamation-and-anonymous-blogging/#comment-11508</link>
		<dc:creator>fairlane</dc:creator>
		<pubDate>Wed, 24 Oct 2007 01:09:11 +0000</pubDate>
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		<description>Yes Bruce, one and the same. She's also a minority, and her parents were immigrants.

The wingnuts always find one who's willing to sell out.</description>
		<content:encoded><![CDATA[<p>Yes Bruce, one and the same. She&#8217;s also a minority, and her parents were immigrants.</p>
<p>The wingnuts always find one who&#8217;s willing to sell out.</p>
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		<title>By: Bruce</title>
		<link>http://skepticlawyer.com.au/2007/10/defamation-and-anonymous-blogging/#comment-11507</link>
		<dc:creator>Bruce</dc:creator>
		<pubDate>Tue, 23 Oct 2007 05:51:51 +0000</pubDate>
		<guid isPermaLink="false">http://legalsoapbox.wordpress.com/2007/10/22/defamation-and-anonymous-blogging/#comment-11507</guid>
		<description>Fairlane, is that the same "Michelle Malkin" who not only supports racial profiling, but also advocates detention of persons based on race?

It still surprises me that some prominent polemicists engage in stunts that involve abuse and threats. I thought that the e-thuggery that Tim Blair has massaged in Jeremy Sear's direction was bad*, but this stunt of Malkin's sounds worse, at least the way you make it sound to me.

Perhaps I should write an "Internet Squadristi" post on the matter. Maybe she'd sue ;-)

* Legal Eagle - I hereby personally take full legal responsibility for this statement. ;-)</description>
		<content:encoded><![CDATA[<p>Fairlane, is that the same &#8220;Michelle Malkin&#8221; who not only supports racial profiling, but also advocates detention of persons based on race?</p>
<p>It still surprises me that some prominent polemicists engage in stunts that involve abuse and threats. I thought that the e-thuggery that Tim Blair has massaged in Jeremy Sear&#8217;s direction was bad*, but this stunt of Malkin&#8217;s sounds worse, at least the way you make it sound to me.</p>
<p>Perhaps I should write an &#8220;Internet Squadristi&#8221; post on the matter. Maybe she&#8217;d sue <img src='http://skepticlawyer.com.au/wp-includes/images/smilies/icon_wink.gif' alt=';-)' class='wp-smiley' /><br />
* Legal Eagle - I hereby personally take full legal responsibility for this statement. <img src='http://skepticlawyer.com.au/wp-includes/images/smilies/icon_wink.gif' alt=';-)' class='wp-smiley' /></p>
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		<title>By: Bruce</title>
		<link>http://skepticlawyer.com.au/2007/10/defamation-and-anonymous-blogging/#comment-11506</link>
		<dc:creator>Bruce</dc:creator>
		<pubDate>Tue, 23 Oct 2007 05:44:12 +0000</pubDate>
		<guid isPermaLink="false">http://legalsoapbox.wordpress.com/2007/10/22/defamation-and-anonymous-blogging/#comment-11506</guid>
		<description>Aren't the UK defamation laws far more oppressive in the UK? Off of the top of my head (and it has been a while), isn't it the case that while truth generally (in Australia and abroad) is an absolute defense, it isn't necessarily so in the US?

I've thought about writing under a pen name, but to be frank I've never bothered. Like you I'd write in the same fashion as if I had revealed my name, which seems to me to be common amongst bloggers.

Aside from embarrassment for people you know or have known or worked with, there is the added issue of cyber-safety. Identity theft, financial fraud, cyberstalking/stalking proper and so on are always concerns (although I thought the Fed Govt.'s recent campaign was pretty cynical).

It's a common rule of cyber-safety not to reveal your personal details (which I've long since broken). I don't have a problem with people who do use a pen name though, just as long as the write in a fair minded manner as if they were writing under their own name.</description>
		<content:encoded><![CDATA[<p>Aren&#8217;t the UK defamation laws far more oppressive in the UK? Off of the top of my head (and it has been a while), isn&#8217;t it the case that while truth generally (in Australia and abroad) is an absolute defense, it isn&#8217;t necessarily so in the US?</p>
<p>I&#8217;ve thought about writing under a pen name, but to be frank I&#8217;ve never bothered. Like you I&#8217;d write in the same fashion as if I had revealed my name, which seems to me to be common amongst bloggers.</p>
<p>Aside from embarrassment for people you know or have known or worked with, there is the added issue of cyber-safety. Identity theft, financial fraud, cyberstalking/stalking proper and so on are always concerns (although I thought the Fed Govt.&#8217;s recent campaign was pretty cynical).</p>
<p>It&#8217;s a common rule of cyber-safety not to reveal your personal details (which I&#8217;ve long since broken). I don&#8217;t have a problem with people who do use a pen name though, just as long as the write in a fair minded manner as if they were writing under their own name.</p>
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		<title>By: Legal Eagle</title>
		<link>http://skepticlawyer.com.au/2007/10/defamation-and-anonymous-blogging/#comment-11505</link>
		<dc:creator>Legal Eagle</dc:creator>
		<pubDate>Tue, 23 Oct 2007 04:09:59 +0000</pubDate>
		<guid isPermaLink="false">http://legalsoapbox.wordpress.com/2007/10/22/defamation-and-anonymous-blogging/#comment-11505</guid>
		<description>Cherry Ripe, sorry I couldn't resist the pun. Ha ha. I guess I am my father's daughter (and thus a lover of silly puns).

Iain, as we have discussed in the past, my own anonymity arises because (a) I don't want to embarrass any former workplaces at which I have worked and (b) I don't have an ongoing position at my present workplace, so I'm a bit nervous. And of course, as a lawyer I'm neurotic about the risks inherent in everything I do. Legal training is a great thing for making one a pessimist, or at least very cautious.

I treat everything I say as if I were writing it under my own name, and I do not attack people. But I've noticed others use anonymity as a shield to be cruel or vicious. It brings anonymous bloggers as a species into disrepute. Which is a pity, because some of us are reputable and decent, just a little shy.

Fairlane, I remember reading about that furore. All extremely unpleasant. Initially, I enjoyed the cut and thrust of the political blogs, whatever side of politics they were from, but I haven't commented on blogs which feature those kinds of aggressive debates for a long time myself. I don't mind as long as people treat me with the respect I treat them, but if people are going to abuse me or get personal, I'm not interested.</description>
		<content:encoded><![CDATA[<p>Cherry Ripe, sorry I couldn&#8217;t resist the pun. Ha ha. I guess I am my father&#8217;s daughter (and thus a lover of silly puns).</p>
<p>Iain, as we have discussed in the past, my own anonymity arises because (a) I don&#8217;t want to embarrass any former workplaces at which I have worked and (b) I don&#8217;t have an ongoing position at my present workplace, so I&#8217;m a bit nervous. And of course, as a lawyer I&#8217;m neurotic about the risks inherent in everything I do. Legal training is a great thing for making one a pessimist, or at least very cautious.</p>
<p>I treat everything I say as if I were writing it under my own name, and I do not attack people. But I&#8217;ve noticed others use anonymity as a shield to be cruel or vicious. It brings anonymous bloggers as a species into disrepute. Which is a pity, because some of us are reputable and decent, just a little shy.</p>
<p>Fairlane, I remember reading about that furore. All extremely unpleasant. Initially, I enjoyed the cut and thrust of the political blogs, whatever side of politics they were from, but I haven&#8217;t commented on blogs which feature those kinds of aggressive debates for a long time myself. I don&#8217;t mind as long as people treat me with the respect I treat them, but if people are going to abuse me or get personal, I&#8217;m not interested.</p>
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		<title>By: fairlane</title>
		<link>http://skepticlawyer.com.au/2007/10/defamation-and-anonymous-blogging/#comment-11504</link>
		<dc:creator>fairlane</dc:creator>
		<pubDate>Tue, 23 Oct 2007 02:41:35 +0000</pubDate>
		<guid isPermaLink="false">http://legalsoapbox.wordpress.com/2007/10/22/defamation-and-anonymous-blogging/#comment-11504</guid>
		<description>It figures I'd decide to drop by after you've posted this.

The anonymity thingie is the reason I refuse to debate people on-line. They say ridiculous things, and then hide.

But, as you so rightly point out, you are only anonymous as long as you are allowed to be.

Here in the states, Michelle Malkin (A rightwing nutbag if there ever was one) posted the names and addresses of some of her "political enemies" on her blog. On top of being harassed they also received death threats.

Malkin got off with nary a consequence, and it made many people quite nervous to say the least.

That is why I never comment on Wingnut blogs.</description>
		<content:encoded><![CDATA[<p>It figures I&#8217;d decide to drop by after you&#8217;ve posted this.</p>
<p>The anonymity thingie is the reason I refuse to debate people on-line. They say ridiculous things, and then hide.</p>
<p>But, as you so rightly point out, you are only anonymous as long as you are allowed to be.</p>
<p>Here in the states, Michelle Malkin (A rightwing nutbag if there ever was one) posted the names and addresses of some of her &#8220;political enemies&#8221; on her blog. On top of being harassed they also received death threats.</p>
<p>Malkin got off with nary a consequence, and it made many people quite nervous to say the least.</p>
<p>That is why I never comment on Wingnut blogs.</p>
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		<title>By: Cherry Ripe</title>
		<link>http://skepticlawyer.com.au/2007/10/defamation-and-anonymous-blogging/#comment-11501</link>
		<dc:creator>Cherry Ripe</dc:creator>
		<pubDate>Tue, 23 Oct 2007 00:33:48 +0000</pubDate>
		<guid isPermaLink="false">http://legalsoapbox.wordpress.com/2007/10/22/defamation-and-anonymous-blogging/#comment-11501</guid>
		<description>Getting soccer fans "offside"?!</description>
		<content:encoded><![CDATA[<p>Getting soccer fans &#8220;offside&#8221;?!</p>
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		<title>By: Iain</title>
		<link>http://skepticlawyer.com.au/2007/10/defamation-and-anonymous-blogging/#comment-11502</link>
		<dc:creator>Iain</dc:creator>
		<pubDate>Mon, 22 Oct 2007 21:21:25 +0000</pubDate>
		<guid isPermaLink="false">http://legalsoapbox.wordpress.com/2007/10/22/defamation-and-anonymous-blogging/#comment-11502</guid>
		<description>You are spot on when you say
&lt;blockquote&gt;It’s even easier to be vicious if you are anonymous, because if you want to make up a sufficiently obscure pseudonym, even your own mother might not realise you made the comment, so you don’t have to take responsibility for it. Although I write under a pseudonym on this very blog, I always write as though I was writing under my own name..&lt;/blockquote&gt;
Sadly too many anonymous bloggers use a pseudonym to be complete idiots.</description>
		<content:encoded><![CDATA[<p>You are spot on when you say</p>
<blockquote><p>It’s even easier to be vicious if you are anonymous, because if you want to make up a sufficiently obscure pseudonym, even your own mother might not realise you made the comment, so you don’t have to take responsibility for it. Although I write under a pseudonym on this very blog, I always write as though I was writing under my own name..</p></blockquote>
<p>Sadly too many anonymous bloggers use a pseudonym to be complete idiots.</p>
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