Blogging – Are You Exposing Yourself To Legal Liabilities?

In November 2006, Blogging Asia: A Windows Live Report launched by way of Microsoft’s MSN and Windows Live Online Services Business discovered that forty-six % or nearly half of the web populace have a weblog.

Blogging Asia: A Windows Live Report was conducted online on the MSN portal throughout 7 international locations in Asia specifically Hong Kong, India, Korea, Malaysia, Singapore, Taiwan, and Thailand. Interestingly, the document found that fifty-six % of Malaysians blogged to express their views, while 49% blogged to hold friends and circle of relatives up to date.

Unfortunately, much of the copyright infringement happening at the Internet goes undetected. New blogs at instances use current blogs for its content and this is executed through copying or linking. Apart from that, posting copyrighted pictures, designs, product pictures or product packaging from another website is likewise unlawful.

There are “guidelines of thumb” to follow while developing or posting contents including:- (a) create one’s own authentic image, photograph, code and phrases; (b) use certified works inside the scope of accredited use laid down by using the owner; and (c) use unfastened pix off the Internet as long as the phrases of the author of the image are followed.

The same “rules of thumb” follow when posting programming scripts as it’s miles normally a contravention of copyright law to suitable programming scripts from 1/3 parties. With regards to postings on one’s blog by 0.33 parties, the blog owner can also acquire an implied license to the postings made with the aid of 1/3 parties. When presenting podcast i.E. Recorded and downloadable audio file to be downloaded from blogs it is satisfactory that the podcast does not comprise any copyrighted tune belonging to others hence protecting oneself from any copyright infringement suits.

If copyright protects the way ideas or information are expressed, trademark alternatively protects phrases, designs, terms, numbers, drawings or snapshots associated with services and products.

A trademark owner enjoys extraordinary right to apply his mark on the subject of his services and products refer to Section 35 (1) of the Trademark Act, 1976. Trademark safety presents right to the trademark owner to prevent others from using the same trademark with same items or similar items that are in all likelihood to reason confusion to the general public refer Section 19 (1) and 19 (2) of the Trademark Act, 1976.

How does a blogger infringe trademark belonging to any other? One example is whilst a blogger posts hyperlinks on emblems belonging to an indicator proprietor. When a visitor clicks on the trademark it’s going to at once lead the visitor to the blogger’s blog in place of directing the traveler to the trademark proprietor’s internet site.

Such linking can also cause confusion or deception because it increases severe hazard that the weblog is in some way linked with or related to the trademark proprietor’sproducts and services.

Generally, the term defamation refers to a false assertion made by approximately a person or an organization that is unfavorable to their recognition. The individual publishing the assertion need to have known or need to have regarded that the assertion was false. While the Internet provides the area wherein defaming announcement may be made or posted, there’s no particular regulation that deals with defamation on the Internet in Malaysia.

In Malaysia, the Defamation Act, 1957 applies to guides in printed materials and broadcasting via radio or tv. Since the law applies to published or broadcast materials, subsequently in precept it applies to materials consisting of blogs and websites hosted on the Internet.

As defamation law is complicated there may be a need to differentiate whether or not a defamatory assertion is a libel (written form) or slander (spoken phrases). In a case of libel, if it is determined that the assertion is defamatory then there are presumptions against the writer or the publisher. In the case of slander, there’s often the requirement to evidence real damages or unique damages suffered because of the defamatory assertion. Hence, slander law does no longer practical to blogs as it does not fall within the ambit of broadcasting the slanderous phrases via radio or tv.

Due to speedy modifications to the Internet and the convergence of technologies, one will surprise whether the courts will practice the libel regulation or slander regulation whilst blogs converted from text to speech layout are transmitted at the Internet. However, all this relies upon on proving defamation and locating the identification of the blogger which can be a large project because of the anonymity of the Internet and its global scope.

Another legal danger is while blogs are used to disseminate fake, incomplete or deceptive facts regarding racial disturbances or contents that purpose hatred or contempt towards the government or the ruler. In Malaysia, various offenses are provided for in the Sedition Act 1948 including it is an offense for any man or woman to print, submit or distribute any seditious e-book- see Section four of the Sedition Act, 1948 for different offenses. Whether the provisions in the Act observe to publications on the Internet have no longer been judicially determined.

In Singapore, the sedition regulation became carried out in 2005 wherein the Singapore court jailed users for posting seditious comments at the Internet- Two jailed for ‘sedition’ on the net, South China Morning Post, Saturday, October 8, 2005. The South China Morning Post pronounced that the case is considered a landmark case underscoring the government’s tries to modify on-line expression and crack down on racial intolerance. The two cases represented the first time Singaporeans have been prosecuted and convicted for racist expression under its Sedition Act.

Arising from the case of the racist bloggers, on 8 November 2006 the Singapore Government proposed modifications to its Penal Code deliberating the impact of generation consisting of the Internet and cellular telephones- refer to Singapore Ministry of Home Affairs, Consultation Paper at the Proposed Penal Code Amendments at page 2. The amendments cover offences committed thru digital medium which includes Section 298 (uttering words, and so on with planned rationale to wound the religious feelings of any man or woman) to cowl the wounding of racial feelings as nicely, Section 499 (defamation) and Section 505 (statements conducing to public mischief) to extend and encompass those “posted in written, digital or other media” see Singapore Penal Code (Amendment) Bill at pages eight and 20. These amendments while handed empower the police and nation prosecutors to prosecute those with offending blogs- Cf.Sections 298, 499 and 505 of the Malaysian Penal Code (Revised 1997).

There are reasons why the authorities are taking blogging critically as half of-ofe people that took component in the Blogging Asia: A Windows Live Report survey consider that blog contents are as honest as traditional media and 1 / 4 of the respondents believe blogs to be the fastest way to find out about information and current affairs.