Prof Pierre de Vos: Legal Opinion on linking to web sites containing questionable material

Posted on May 28th, 2007 by Richard Catto 2,493 views

Since much mileage has been made of the legalities of linking to web sites allegedly containing defamatory material, I asked Professor of law, University of the Western Cape,  Pierre de Vos for his thoughts on the matter.

Here is what he wrote me.

Well as far as I understand it, at present it is not legally problematic to LINK to a site – even if that site contains defamatory material. Those who feel aggrieved should send a notice to the actual site containing the defamation and get them to remove the material. That is why I had no qualms linking to it.

My post on whether this is defamation presents a more complex case. I am making an argument that this should not be viewed as defamation. I am not giving a legal opinion on whether it would – in law – constitute defamation. I suspect some judges will agree with me but that others won’t. I argue that this is because of their own prejudice and social conservatism.

I believe that this is the only viable approach for journalists (and bloggers) to adopt. A free press needs freedom from the duress of legal sanction to be able to report news accurately, fully and honestly.

Filed under blogger, Blogosphere, blogs, Free Press, Independent Democrats, Patricia de Lille, Pierre de Vos, sa male prostitute, Simon Grindrod, South African Blogosphere, The Media |

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