I think it is possible that, while offending messages should be removed
asap, it is probably the case that they shouldn't be completely deleted.
The fact that the offending message was removed wouldn't remove the
offense and the person who posted the message originally would still be
liable and the message might be required as evidence if litigation
arose; and given recent problems for students of middle eastern politics
at Columbia and SOAS litigation could follow.
Regards,
Bruce
________________________________
From: Blackboard/Courseinfo userslist
[mailto:[log in to unmask]] On Behalf Of Sandra
Windeatt
Sent: 11 April 2005 10:08
To: [log in to unmask]
Subject: Re: discussion boards
I think all of us would like to know this.
There is some indication of ISP responsibility at
http://www.jisclegal.ac.uk/ispliability/ispliability.htm#reg
which suggests that provided you remove the offending message as soon as
you are made aware of it, you can plead not guilty . . . but whether
this would extend to a teacher-led discussion board is unclear (and
indeed the authors of the said page add disclaimers to the effect that
"some of the law stated below may have changed since this paper was
first published."
But, in the meanwhile, Richard's four statements are a useful reminder
of our responsibilities - especially for module leaders.
________________________________
From: Blackboard/Courseinfo userslist
[mailto:[log in to unmask]] On Behalf Of Ellen Lessner
Sent: 11 April 2005 09:17
To: [log in to unmask]
Subject: Re: discussion boards
I would be very interested in hearing what the reply is from
JISC Legal.
Ellen Lessner
ILT Development Coordinator
Abingdon and Witney College
01235-216276
-----Original Message-----
From: Ingraham, Bruce [mailto:[log in to unmask]]
Sent: 11 April 2005 09:07
To: [log in to unmask]
Subject: Re: discussion boards
Richard,
Ask JISC Legal http://www.jisclegal.ac.uk/.
Regards,
Bruce
________________________________
From: Blackboard/Courseinfo userslist
[mailto:[log in to unmask]] On Behalf Of Richard Hall
Sent: 08 April 2005 17:00
To: [log in to unmask]
Subject: discussion boards
We have a had an issue raised here about the liability
of the institution where a defamatory comment is posted on a discussion
board/collaboration session. So whilst the tutor can remove the post it
has still been "published". The key issue is are we still liable in law?
Our take has been that:
1. our student reg's cover the appropriate use of
IT facilities and student behaviour on campus (concrete or virtual) -
these are made clear at registration and induction;
2. module leaders have the ability to set standards
for appropriate behaviour based upon an agreed set of guidelines here,
and they are asked to reinforce this at induction and throughout the
duration of the module/programme;
3. module leaders have the ability to report
inappropriate behaviour to the faculty Head of Studies acting as
provost; and
4. module tutors have the ability to remove
postings and block posters.
So where a posting has been removed and a report made to
the HoS within a clear process, are we still up-the-creek? Any thoughts
would be appreciated.
Have a good weekend.
Best wishes,
Richard.
Dr Richard Hall, ILTM,
e-Learning Co-ordinator,
Quality Improvement Team,
Department of Academic Quality,
0.35 Portland Building,
The Gateway,
De Montfort University.
Leicester.
LE1 9BH.
w: 0116 207 8254
m: 07799-056545
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<http://intranet.dmu.ac.uk/centre_learning_teaching/>
http://intranet.dmu.ac.uk/centre_learning_teaching/
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