1. Kathy Olson Lehigh University
Media law online
Kathy Olson
Lehigh University

2. Reno v. ACLU (1997) What laws apply to online content?
What liability do online publishers have for:
something they post?
something others post? (Communications Decency Act Section 230)

3. Media law online Rules for online content same as print:
Blog posts and comments
messages
Social media: Facebook, Instagram, etc.
Tweets

4. Media law torts Libel Invasion of privacy Copyright Intrusion
Publication of private facts
Copyright

5. Libel Libel is: A false statement of fact
“of and concerning the plaintiff”
that hurts the plaintiff’s reputation
and was published by the defendant
with the necessary degree of fault:
Negligence for private figures
“Actual malice” for public officials, public figures

6. ‘Twibel’
Simorangkir v. Love (Calif. state court, 2009)

7. “Twibel”
Ref Bill Spooner told Rambis he’d “get it back” after a bad call. Then he made an even worse call on Rockets. That’s NBA officiating folks.

8. Libel Republication rule
BUT: Section 230 of the Communications Decency Act:
Protects publishers of online content from libel suits based on user-generated content
Protection may remain even if you moderate or edit that content
BUT:  Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA)

9. Invasion of privacy Intrusion
A physical, electronic or mechanical intrusion into someone's private space or private affairs
“Reasonable expectation of privacy”
Terms of use

10. Invasion of privacy Publication of private facts
Disclosure of private facts about a person that is not newsworthy and in a manner that is highly offensive or objectionable to a reasonable person.
What is “private”?
Newsworthiness is a defense.

11. Copyright basics
Not necessary to register or include formal copyright notice
Ownership rights include the right to reproduce the work, prepare “derivative” works, distribute copies, and perform or display the work
Creative works such as videos and photos retain their copyright when uploaded to a social media or photo-sharing site
Damage awards can be substantial – up to $150K

12. Fair use factors The purpose and character of the use
The nature of the copyrighted work used
The amount of the work used in relation to the copyright as a whole
The impact of the use upon the potential value of the work

13. Importance of transformativeness
Has the material taken been transformed by adding new expression or meaning?
Was value added to the original by creating new information, new aesthetics, new insights, and understandings?
Does the use serve a new and different purpose or function from the original work and is not a substitute for the original?

14. BWP Media USA v. Gossip Cop Media (S.D.N.Y. 2015)

15. Morel v. Agence France Press (S.D.N.Y. 2013)

17. North Jersey Media Group v. Pirro (S.D.N.Y. 2015)

18. Codes of best practices in fair use
American University’s Center for Media and Social Impact’s codes of best practices for:
Documentaries
Journalism
Visual arts
Poetry
See

19. Liability for others’ infringement
The Digital Millennium Copyright Act protects bloggers from liability for third-party infringement IF they:
Establish a procedure for “notice and takedown.”
Have no knowledge of infringing material on site, and
Remove infringing material when notified by copyright owner.

20. Questions?