To blog or not to blog? The legal issues25 July 2006
Blogging has gained in popularity over recent years, as those with broadband internet connections have discovered that it provides an easy and inexpensive way of getting work published. Whether it be comment, a diary or a forum - weblogs allow ordinary internet users to contribute to the content available on the web.
As increasing numbers of people have turned to blogs to express themselves, however, the lack of clarity over the legal implications of publishing in this way has become increasingly noticeable. And it is beginning to catch up with bloggers, as a number of high profile cases have shown.
The most recent case to come to public attention is that of British secretary Catherine Sanderson. While working for an accountancy firm in Paris, Ms Sanderson started to keep an online diary in the form of a blog. Called La Petite Anglaise, it kept a journal of the experience of an Englishwoman living and working in the French capital. Which all sounds like a good idea and an interesting read too.
Not so in the eyes of her employers. She was fired from Dixon Wilson, for "gross misconduct" and because her maintenance of the blog had a negative effect on the reputation of the company and was allegedly written during work hours. She is now suing, claiming that to be fired for this is unfair, that she never revealed her last name or the name of the firm in her writing and that it was simply a humorous look at her life.
Whatever the outcome of the case, it is clear that both bloggers and employers need to be more prepared for the implications of this medium of publication. In the same way as newspapers or magazine must adhere to laws of defamation in what they publish, so online writers should bear in mind their legal responsibilities. But employers or organisations must also consider freedom of speech in the way they deal with bloggers.
For small businesses, establishing a blog-style forum through which staff and customers can communicate inDe2 an informal way can be highly beneficial - it promotes the company website as a trusted and informative place to visit while boosting the brand with a human and approachable face. They are often, therefore, is likely to result in increased sales. But, while research should be undertaken into the legal considerations of this kind of publication, here are a couple of points to bear in mind.
- Internet law is evolving as internet use does and as such companies should try to keep abreast of changes and updates as far as possible.
- When posting the views and opinions of others, it is important to remember that the publisher bears some, if not all, of the responsibility for the content. It can be a good idea therefore for companies to screen blog submissions prior to posting.
- Incorporate blog use into your business internet policy in order to establish clear guidelines for staff who may be writing their own blogs on company time.
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