Nick,
this is indeed an interesting discussion.
I think your point about sending an email which requires a click to confirm
the e-card is a good, simple solution to confirming the email address,
which doesn't put too much burden on the sender but greatly reduces the
potential problem of someone pretending to be someone else.
However, I am not a lawyer either, but from my understanding your advice
"It is considered advisable for service providers to not monitor the
content any systems they offer, as this minimizes their responsibilities
for the content" is questionable.
------------------------
Defamation Act 1996 "Responsibility for Publication".
1(1) In defamation proceedings a person has a defence if he shows that -
(a) he was not the author, editor or publisher of the statement complained of,
(b) he took reasonable care in relation to its publication, and
(c) he did not know, and had no reason to believe, that what he did caused
or contributed to the publication of a defamatory statement.
------------------------
b) is very important -- if you do not monitor the content of your systems
then you cannot say that you have taken reasonable care. There is precedent
in UK law for this with regards to Internet services.
A further point is that I believe many areas of law are not yet
sufficiently tested with regards to the Internet, so it is not possible to
say with certainty where the law stands on issues such as this.
James Johnson
Publitek New Media Ltd.
|