November 21, 2006

California Supreme Court rules bloggers not responsible for reposting libel. Eugene Volokh reports another victory for free speech online: The California Supreme Court just held, in Barrett v. Rosenthal, that Internet users who post (to Web sites or discussion groups) material created by others are immune from liability.  [...] A long line of cases had already held that when a user posts material on a site, the operator of the site (or of the computer), can't be held liable, even when it's notified of the potentially tortious nature of the activity. Thus, for instance, we wouldn't be liable for libels posted in our comments. But this case, as well as Batzel and some others, apply this principle even to immunize those who actively repost material, rather than just serve as passive conduits for what others post. This means that if a commenter posts excerpts from others' work, even the commentator himself would be categorically immune from liability for the contents of those excerpts, at least unless he's "active[ly] involve[d] in the creation of [the] posting," or unless he's conspiring with the original author. This is very welcome for bloggers and everyone else who participates in online discussions.  I am somewhat dismayed to learn this was a case between a medical doctor and an altie, with the doctor suing for libel. The case involved a lawsuit against Ilena Rosenthal, a women's health activist, who created an e-mail list and a newsgroup (alt.support.breast-implant) to discuss issues related to breast implants.  Six years ago, she posted a letter written by a man who was highly critical of the efforts of a doctor to discredit advocates of alternative health treatments. In the letter, the doctor, Terry Polevoy, was accused of trying to get an alternative medicine radio program canceled by using "scare tactics, stalking, and intimidation techniques" against the program's producer.  Polevy, who maintained a website himself to expose what he called "health fraud and quackery" sued Rosenthal for libel. The good doctor learned that the antidote to being flamed online is to flame back, not to drag it into court. [Secular Blasphemy] 9:59:57 AM

Anti-Syrian politician killed in Beirut. A prominent anti-Syrian politician in Lebanon, Pierre Gemayel, has been shot and killed while driving through a Christian suburb of Beirut. By CBC. [CBC | World News] 9:59:18 AM

The USA is The Most Unfriendly Country for Visitors in the World , according to an international survey (of which they don't provide any data).  At the end of the article, they say: With about 50 million visitors a year, the United States is the world's third most-popular destination, after Spain and France. How such an unfriendly country manages to be number three in the world, I don't understand. 9:54:41 AM