Tag Archives: international defamation

Five Things You Need To Know About The “Right To Be Forgotten” Internet Law Ruling & What It Means For Online Defamation Victims

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The European Union has been flirting with a right to be forgotten law for awhile -- and their top court just announced a ruling in line with that hope. Can US defamation victims take advantage of the new right to be forgotten European standard to erase unsavory information from the Web? Let's discuss.
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International Defamation Update: Communist Country Edition

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Every so often, we take a dip in overseas legal blog waters to learn what defamation debacles are making headlines abroad. Last week, two tales of communist defamation happenings caught our eye. Pussy Riot won a small slander victory in a Siberian court, while a supposedly fame-seeking teenager in China drew the short defamation straw. Pussy Riot Member Escapes Defamation Lawsuit In 2012, notorious Moscow-based punk band, Pussy Riot, pulled an anti-Putin stunt called “punk prayer” that landed the members in jail. One member, Nadezhda Tolokonnikova, ended up in Mordovian Prison, Siberia. After a few months in residence, Tolokonnikova penned an open letter about the jail’s conditions. She lamented the treatment of prisoners and accused the deputy warden of having a penchant for death threats. Then, she took a page from Ghandi’s playbook and went on a hunger strike — ...
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Twitter Defamation: Turkish Officials v. Twittering Turks

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Turkish politicians cried Twitter defamation and shut down the social media site after leaked recordings surfaced via the social media network Social media clampdown came right before Turkish elections Are Twitter quips considered defamatory in the United States? Twitter defamation lawyer contact information Turkish Officials Were On A Twitter Defamation Warpath Weeks before Turkish citizens cast their ballots, country officials had only one online concern: social media websites. In the days leading up to the election, a “gotcha” government bribery tape leaked via Twitter. Politicians lobbed accusations of villainy across party lines – and word on the sokak was that Prime Minister Tayyip Erdogan was the wheeling-dealing politician on the tapes. A consummate – if not predictable — statesman, Erdogan has maintained his innocence. Basically, he’s pinning the incident on a Pro Tools aficionado with opposition sympathies. Turkey Doesn’t Have ...
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Qihoo v. Tencent Anti-Trust: The Final Showdown Underway

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An epic Internet law case is currently making headlines in China. Qihoo 360 Technology Co. Ltd (“Qihoo”) is suing Tencent, the world’s 3rd largest Internet company behind Amazon and Google. The legal question up for debate is whether or not Tencent is an illegal monopoly engaging in unfair practices. Yep, it’s like the Google antitrust saga – Eastern Hemisphere edition. About Tencent Arguably the Google of China, Tencent has its tentacles in nearly every facet of Internet business. Valued at US$101B in 2013, the ISP handles approximately 90% of the country’s instant messaging traffic. The company’s mascot — a squat penguin with a red scarf — is as ubiquitous in China as the Nike swoosh is in the United States. 2010: The Qihoo/Tencent Rivalry Origins In September 2010 Qihoo launched legal proceedings against Tencent for allegedly invading users’ privacy via ...
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UK Online Defamation Notice and Takedown Rules

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Well folks, we’re on the precipice of a whole new UK defamation law. Parliamentarian Lords and Commoners bestowed their approval, and have since been drafting guidelines. Online, political borders are constantly crossed. As such, people everywhere have been speculating about how the notice and takedown system will work under the new UK libel statute. And finally, the wait is over. Below is a “just the facts” rundown of the UK online defamation notice and takedown procedure. We’ll leave judgment for another day. A Super Brief Summary of the Website Operator Defense in the 2013 UK Defamation Law Section 5 of the 2013 UK defamation law outlines a defense for website operators similar to safe harbor protections afforded under United States Section 230 of the Communications Decency Act. The UK Section 5 defense can be defeated if: The website operator can’t ...
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It’s A Defamation Free For All Down In India!

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Discussion of international defamation cases here at the Kelly Warner law blog usually revolves around the United Kingdom and Canada. But today we’re taking a quick trip to another part of the Commonwealth, India. A political defamation saga with online implications, the case between the Aam Aadmi Party and two media outlets – India TV and Media Sarkar – is making headlines. (Rob Ford who!?) Sting Operation Video Results In Defamation Lawsuit The defamation debacle started when Media Sarkar (think The Huffington Post of India) orchestrated a sting operation against the  AAP party. If you believe Media Sarkar, what resulted was a video showing an AAP member knowingly accepting “black money” as a campaign contribution. Needless to say, Media Sarkar posted the footage online and India TV aired it. WHAT IS BLACK MONEY? “Black money” is money made on the ...
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International Defamation: Political Defamation In Ecuador

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Here at Kelly Warner, we often blog about international defamation cases out of the UK, but we rarely head south of the border. Today, however, an international defamation lawsuit out of Ecuador has caught our attention. In brief, the three-term (and counting) president of the country, Rafael Correa, recently filed a defamation suit. He won and the defendants are heading to jail for 18 months. Supporters of Correa say the case was justified and appropriate. Detractors argue that Correa is using his political power to silence critics via the justice system. Why Did Correa File A Defamation Lawsuit Against A Political Opponent? In 2010, a violent demonstration rocked Ecuador. If you believe the opposition, it was a justified, non-violent protest waged by government workers demanding fair pay. If you believe Correa enthusiasts, it was an “undemocratic coup d’etat”. In any ...
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Website Liability: USA v. UK

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Website Liability in the U.S.: Sections 230 of the CDA Provides Safe Harbor To Website Operators Section 230 of the Communications Decency Act is one of the most significant Internet laws of our time. It provides safe harbor for website operators in the event a user posts defamatory or infringing content on their websites. It’s been argued that Section 230 is the provision that allowed the Internet to “take flight”, as websites had more freedom to experiment with user interaction and social media. But a flip side always exists, and though it is a robust law, Section 230 of the CDA does pave an easier path for arguably corrosive platforms, like child and revenge porn websites. So, in an effort to combat such sites, attorneys general from several states have quietly waged a war on Section 230. The outcome? Washington, ...
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First Teenager Arrested Under New Online Defamation Law

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Several weeks ago, China enacted a strict new online defamation law — and they aren’t wasting time enforcing it. Teenager Arrested For “Provoking Troubles” Over Online Comments Last week, police arrested a 16-year-old from west China. He was living with his grandparents in a 100-square-foot apartment. According to witnesses, law enforcement officials cuffed the young man – who can only be identified as Yang due to his age – and hauled him away for “picking quarrels and provoking troubles.” Formally, the young man was charged with “gross negligence and [calling for] citizens to protest.” So what prompted the arrest, you ask? Yang publicly questioned the veracity of a police investigation involving the manager of a local karaoke bar. The police concluded that the manager committed suicide, but after speaking with the deceased’s surviving family, Yang was convinced the manager was ...
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China’s Strict New Online Defamation Policy

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The Chinese government just tightened their defamation standards – a mind-boggling feat considering China already has some of the strictest libel laws in the world. So what is the big change? As of this week, individuals can be thrown in jail for up to three years for one act of cyber libel. Perhaps the most interesting thing about China’s new cyber-libel law is the exposure parameters. In order for a statement to be actionable under the new law, it must have been seen by more than 5,000 people, been re-posted more than 500 times or “caused the subject to hurt themselves, commit suicide or ‘experience a mental disorder.’” Detractors of the new law say it only serves to silence Chinese citizens looking to expose political corruption. Since the nation’s newspapers, radio and television stations are state-owned, many people see the ...
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