Rethinking Cyberlaw

Rethinking Cyberlaw

A New Vision for Internet Law

Rethinking Law series

Jacqueline Lipton

The rapid increase in Internet usage over the past several decades has led to the development of new and essential areas of legislation and legal study. Jacqueline Lipton takes on the thorny question of how to define the field that has come to be known variously as cyberlaw, cyberspace law or Internet law. Unlike much of the existing literature, this book tackles the question with the benefit of hindsight and draws on several decades of legal developments in the United States and abroad that help illustrate the scope of the field.

Chapter 4: Online defamation and other harmful speech

Jacqueline Lipton

Subjects: innovation and technology, technology and ict, law - academic, information and media law, internet and technology law

Abstract

This chapter moves away from questions of online service provider liability for intellectual property infringements and focuses on their liability for damaging speech: defamation and other kinds of legally sanctioned speech. It contrasts approaches to regulating online service provider liability under Section 230 of the Communications Decency Act in the United States with approaches taken in copyright and trademark legislation and practice. It also considers the impact of globalization on the regulation of speech that may be harmful to individuals.

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