Welcome to the website of the Digital Media Law Project. The DMLP was a project of the Berkman Klein Center for Internet & Society from 2007 to 2014. Due to popular demand the Berkman Klein Center is keeping the website online, but please note that the website and its contents are no longer being updated. Please check any information you find here for accuracy and completeness.
Earlier today, the U.S. Court of Appeals for the Ninth Circuit released its decision in Obsidian Finance Group, LLC, v. Cox, No. 12-35238 (9th Cir. Jan. 17, 2014), a case involving defamation claims brought against a blogger who wrote about alleged financial improprieties in connection with a corporate bankruptcy.
The Chamber of the First Section of the European Court of Human Rights held unanimously on October 10 that making a news portal liable for defamatory comments posted by its readers does not violate article 10 of the European Convention of Human Rights protecting free speech.
In a recent case before the Second Circuit, the Court of Appeals held that conclusions in scientific articles are akin to statements of opinion for defamation purposes and cannot give rise to actionable claims of false advertising under the Lanham Act or state statutory equivalents. In the Court's words, "the line between fact and opinion is not always a clear one" - and this recent decision has muddled that divide even more.
A federal jury's verdict awarding $338,000
to former Cincinnati Bengals cheerleader and high school teacher Sarah
Jones over postings on thedirty.com website may lead to a
re-examination of the scope of the law that web site operators have widely invoked<
We are looking for contributing authors with expertise in media law, intellectual property, First Amendment, and other related fields to join us as guest bloggers. If you are interested, please contact us for more details.