Prof Pierre de Vos: Legal Opinion on linking to web sites containing questionable material
Posted on May 28th, 2007 by Richard Catto 2,274 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 | No Comments »
Vincent Maher said “Media is a grown-ups’ game, not for kiddies”
Posted on May 25th, 2007 by Richard Catto 1,925 views
In response to Media is a grown-ups’ game, not for kiddies by Vincent Maher.
One thing is for certain, a few of them seem to think being small-time is tantamount to bravery. The Cape Town News blog explains how mainstream media are too scared to link De Lille’s call for the government regulation of blogs to a particular sex blog that the Mail & Guardian did a story on yesterday.
I’m saying that the Mainstream Media hasn’t got any balls, yes.
Jesus said, "You are the salt of the earth. But if the salt loses its saltiness, how can it be made salty again? It is no longer good for anything, except to be thrown out and trampled by men." Matthew 5:13
If the media no longer has the courage to publish and be damned, it has become worthless.
5. It will be up to the judge to decide if the story is a lie, not a bunch of scrofulous nerds
And until it is actually deemed a lie by a judge, it is what it is. It is neither lie nor truth.
4. When you spread a lie about someone its the same as telling the lie in the first place
Only if it is my intention to defame. I am linking to sa male prostitute’s blog to facilitate discussion of its merits and demerits.
In my opinion, it seems to have a ring of truth about it. It could be true.
6. If the lie turns out to be true then thats the right time to talk about it and make it public knowledge
Actually the media is already talking about it, but in the cagey, indirect, dishonest way I criticised.
I’m also not prepared to put my life on hold waiting for a judge to tell me if it’s okay to blog about and link to material that I feel is newsworthy.
7. If the lie is a lie, and you helped spread it, you are guilty.
Judge Vincent Maher has spake. Please note this down. I am guilty. Mea culpa.
BTW, Maher, you link your blog to my blog which links to sa male prostitute. Hence, you are also helping to spread the "defamation". Maybe we can be cell-mates?
Thinking you are above he law because you are using the Internet is the dumbest thing you could ever do.
I don’t think I’m above the law. What I think is that the media has lost its course. It no longer knows where True North lies.
Perhaps if enough bloggers point the way, you will remember? Trouble is, the media doesn’t want to believe the Blogosphere. It thinks to itself, "What do they know? They’re just kiddies."
It is easy to track you
So track down sa male prostitute already, if it is so easy.
If someone was doing that to you, you might understand this point a little better.
It has been done to me already. All manner of slander has been posted about me by various people on Usenet. I even had their IP addresses. Only fuckwits sue. You just ignore. That’s what you do.
Spreading slander to millions of readers a day is an irresponsible use of press freedom and the freedom of speech.
I’m not asking them to spread slander. I’m asking them to report honestly and truthfully.
I believe that I have done so in this blog.
Filed under air guitars of journalism, blogger, Blogosphere, blogs, Independent Democrats, Mail & Guardian, Patricia de Lille, sa male prostitute, Simon Grindrod, South African Blogosphere, The Media, Vincent Maher | 1 Comment »
The Great Pretenders: the Mainstream Media / Why the Blogosphere > “the Media”
Posted on May 25th, 2007 by Richard Catto 4,354 views
The Mail & Guardian and iAfrica.com published yesterday essentially the same story, in which they both discuss the blog of sa male prostitute, the recent cause of Patricia de Lille’s irate outburst against anonymous bloggers, but without actually saying that.
It’s dishonest. It’s disengenuous. It’s so totally totally fake, and I am weary of these "clever" manoeuvrings and word games that the mainstream media like to play.
So why do they do it? Why do they not report the story honestly and straight-forwardly?
Because according to the legal advice they received, that would leave them vulnerable to charges of helping the sa male prostitute blogger to spread his defamation. Exactly the same line that de Lille trotted out in her original complaint. And exactly the same advice which was contradicted yesterday by some other online legal expert, Reinhardt Buys.
But the mainstream media prefers to play it safe. They prefer to lay masking tape over the truth. They prefer to cloak reality in euphemisms and play their "air guitars of journalism".
They prefer to deceive their readers.
And that is why the Blogosphere is greater than the mainstream media.
We do not fear what you fear.
And that fearlessness enables us to tell the truth, the whole truth and nothing but the truth. The Truth that you are too scared to tell.
And that scares the heck out of some, such as Patricia de Lille, who wants that we should FEAR.
We will not.
References:
iAfrica.com: Tell-all sex blog targets celebrities
mg.co.za: Tell-all sex blog targets SA celebrities
David Bullard: Name and shame offensive bloggers
Filed under air guitars of journalism, Blogosphere, blogs, David Bullard, iAfrica, Mail & Guardian, Patricia de Lille, sa male prostitute, Simon Grindrod | 11 Comments »
