"In many web forums comments suggesting certain people are stupid or ignorant could be defamatory. Of course it is often posted that people are abusive, violent, sexually deviant etc. and these types of suggestions would usually be highly defamatory."
But a person who published defamatory material could defend an action if he/she could establish defences such as truth, honest opinion or qualified privilege, he said. However, in practice, the more sensationalist the content, the more difficulty the person had in rationalising those defences.
Suing for defamation or unlawful stalking is costly but one option is to pursue a court order requesting a web host remove content if defamation is established.
Advertisement
Happily, some Australian websites that host popular discussion forums scrupulously monitor and filter content while offering constructive, valuable user input.
The Raising Children Network forum is one and prescribes the following: "Be respectful. You may have strong feelings about a topic, and you may encounter different or challenging ideas, but show respect to all users of these forums and avoid being rude, abusive or dismissive of others. This includes respect for race, religion, political views and other beliefs and experiences. It is illegal to make racist, sexist or homophobic comments, harass or 'stalk' any person, or make defamatory statements or personal attacks on another person."
But other web hosts simply say "no trolling or flaming".
One of the hardest things in life is to formulate polite, well thought-out, contrary opinions conveyed without malice to an individual, group or the public. And in reality the litmus test for online conduct should disembark in the real world. Would you say that to someone's face, to a colleague, acquaintance or loved one?
Whether individuals control the written word or not, the responsibility for celebrating opinion and culling flamers and "trolls" should dock abruptly at the website manager's feet.
Discuss in our Forums
See what other readers are saying about this article!
Click here to read & post comments.
9 posts so far.