Monday, July 11, 2011

Legal Issues Raised by Aubry Slurs

Discussed here. Of particular interest:

Quant au blogueur, il est assimilé à l'éditeur d'un service de communication au public. Les juges considèrent qu'il est responsable non seulement des propos, mais aussi des commentaires postés par des tiers sur son blog.
Of course, this is French law, inapplicable here in the US, but it does seem a bit excessive to hold bloggers responsible for what their commenters say. There are plenty of comments to this blog that I would have deleted had I been worried about legal reponsibility for the commenter's remarks.

In any case, I have no interest in relaying the derogatory statements about which Aubry has complained. Those who are interested can read them elsewhere. But this preisdential campaign, still only in its infancy, promises to be a nasty one.


Charles Butler said...

There was a similar suit launched in Spain a while back. The publisher was found responsible for what appeared on his blog.

Marcia said...

Reliably, the law is a ass.

Marcia said...

Reliably, the law is a ass.

Oaz said...

Le Point is wrong. According to the French law on digital economy ("LCEN"), the owner of a website can either be an "editor" or a "host". In the first case, responsibility is for the entire site content, in the second case, responsibility is limited.
For a blogger, it depends on how the blog is managed. Actually, only a court can decide which case applies.
Maitre Eolas had a nice blog entry on this topic:

Unknown said...

Thanks, Oaz.

Mitch Guthman said...

I not sure all of this applies completely (I haven’t yet read the article by Maitre Eolas but will try to do so tonight). As I understand it, Aubry isn’t complaining about the content of a blog or a comment being hosted on a blog but rather that she is the victim of a “Google bombing”. That is to say, an effort has apparently been made to manipulate the algorithms used by Google so that when her name is typed into Google’s search engine (and the Google suggests feature is enabled and also, I believe, the browser is configured for the French language or the IP address is French), then a particular illness is suggested as the top search result. According to France 24, several other suits have been brought in Europe related to “Google bombing” and each resulted in money damages and Google apparently being forced manually override its algorithms to terminate the Google bomb and any progeny/follow-on attempts. (I've emailed a friend in London who does defamation things there---well, he's a lawyer so he does basically anything for money. Anyway, I've asked if he's knows of these cases and can give citations to them and perhaps some published analysis, too)

By the way, please don’t try to Google this because this will cause their algorithms to increase the ranking of this slur even further. If you are curious, you can go to France 24 which has article (in French and English) and a video (in English).

bernard said...

has Francois Hollande already been outed as a serial killer or shall we wait a few more months?