James Delahunty
23 May 2006 18:51
P2PNet editor Jon Newton has made a plea for donations to help him fight a lawsuit brought against him by Sharman Networks and Nikki Hemming. Jon sees this as an important free speech case and one does have to ask, just how much can a blogger/editor say on the Internet and remain immune to legal attacks? The outcome of this case will have an impact in Canada, whether it's a victory for free speech on the Internet or the beginning of a nightmare for publishers. It could also be used in similar cases internationally as an example.
Here's a post that Jon made...
p2pnet is being sued by Kazaa owner Sharman Networks and Kazaa ceo Nikki Hemming for alleged libel.
But what's really on trial is whether or not an online publication - a blog - can be held responsible for something someone else posts. Or put another way, rather than being a publisher, is it in reality a content filter acting on behalf of persons unknown?
And there's something else: as far as I'm concerned, an anonymous post is the same as a confidential source. I don't have to like a post, or even agree with it. But I believe that as an honest and responsible human being, I do have to safeguard the poster, if indeed I know who he or she is which in this cased, I don't.
If Sharman wins it'll make life a potential hell for bloggers in Canada, at the least. And you can bet the case will be used as a reference for similar actions around the world.
That's why I'm going to fight it vigorously in front of a jury, with or without a lawyer.