Is this an irrelevant blog?
Everyone knows that the publishing landscape has changed forever thanks to the internet. The rise of blogs and free blogging software has radically brought down the cost of getting your opinions onto the internet and many blog based sites (such as the Huffington Post) have made lots of money out of the move.
But there’s a big fear that the Government’s new press regulations could potentially threaten small blogs by including them in the legislation. If they don’t sign up to the new regulator they risk high fines if sued by libel by an aggrieved reader. The key test is if it is ‘a relevant publisher’, generating news material where there is an editorial structure giving some control over publication. So by that token, this blog is irrelevant when posted to my own site (though you probably knew that anyway). Except that when it is republished on the Cabume website there is then some editorial control so it suddenly becomes relevant. Essentially if I libel someone Cabume carries the can.
Obviously a small blog wittering on about startups, PR and technology is unlikely to be sued, no matter how relevant it is. But for other smaller, blog-based sites, particularly political ones this opens up a stark choice – sign up to the regulator and face an arbitration system that is focused on protecting individuals who complain or risk crippling fines. It is the same for local newspapers, already suffering due to the rise of the internet. Given the work they do in uncovering local political, public sector and business corruption their trade body The Newspaper Society believes the regulations would ‘inhibit freedom of speech and the freedom to publish’.
My own opinion is that the internet cannot be beyond the law. In the same way that the Lord McAlpine Twitter libel case showed that you can’t repeat false allegations and expect to get away with it, neither should you be able to libel someone on your blog with impunity. But the new regulations throw up a number of questions – what happens if your content is on a US server? Why are student publications exempt? Will journalists set themselves up as one man/woman band blogs to get round regulation? There has to be a more flexible way of regulating online content in the internet age – my relevant/irrelevant fear is that lawyers will be the chief beneficiaries of the new regulations rather than either press freedom or genuine victims of press intrusion.
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