Section 230 answering all questions. Law Book Report
RESTATEMENT (SECOND) OF TORTS [DEFAMATION]
§ 577 – What Constitutes Publication (1) Publication of defamatory matter is its communication intentionally or by a negligent act to one other than the person defamed. (2) One who intentionally and unreasonably fails to remove defamatory matter that he knows to be exhibited on land or chattels in his possession or under his control is subject to liability for its continued publication. § 578 – Liability of Republisher Except as to those who only deliver or transmit defamation published by a third person, one who repeats or otherwise republishes defamatory matter is subject to liability as if he had originally published it. § 581 – Transmission of Defamation Published by Third Person (1) Except as stated in subsection (2), one who only delivers or transmits defamatory matter published by a third person is subject to liability if, but only if, he knows or has reason to know of its defamatory character. (2) One who broadcasts defamatory matter by means of radio or television is subject to the same liability as an original publisher. QUESTIONS
1. The Internet is famously capable of behaving like all sorts of different media: you can get movies, television, radio, newspapers, magazines, party invitations, and personal letters online. In media circles, this phenomenon is known as convergence. Does Twitter seem more like a letter, a telephone conversation, a newspaper, a public speech, or a television broadcast? What about email? The Web?
2. A reporter, Clark Kent, writes a false and injurious article accusing businessman Lex Luthor of involvement in criminal activity. The Daily Planet newspaper prints the article on its front page. Olsen Newsstands sells the papers to the public. Slow Lane Coffee has several copies set out for its patrons. At common law, which of them are liable to Luthor for defamation? What if Luthor notifies them of the article’s falsity?
Name
Institution
Section 230
Question 1
Convergence is a phenomenon that can also be understood in regards to how twitter is formed. Twitter has different attributes that arise from how the messages are shared. It can be regarded as a telephone conversation since it allows users to send each other messages online as long as they have an internet connection. Just like a traditional telephone conversation, it is possible to use Twitter when interacting live and getting an instant response. The platform also seems like a newspaper since it is used when sharing news stories and acts as a platform for providing information about the latest trending news.
Twitter functions as a letter since it allows users to share brief text messages to a public audience, and it also works like a published speech due to the large number of users who can view a message sent by another user or contributor. Twitter also seems like a television broadcast since it also supports the sharing of videos and other graphic materials, which can also be shared live. Other mediums such as email and the web also characterize the convergence phenomenon since they also support different functionalities such as acting as a newspaper or a letter. With just an internet connection, a contributor can easily publish content online that will reach a large number of people. Based on the Lawrence Lessig Code 2.0, an enabling factor is a technology that makes it easier to share content online in different formats.
Question 2
As the publisher, Olsen Newstands is liable to Luthor for defamation since it sells the papers to the public. If Luthor notifies the publisher about the falsity, then they would only be liable to Luthor if they published similar material again, which is regarded as defamatory since the original defamatory content had already been published. Bas don the Lessig code 2.0, a constraining factor is legal, which limits publication of particular defamatory material.
Communications Decency Act 230
Section 230 means that it is legal to block any material that is regarded as offensive from publishes and users. Additionally, the section reveals that it does not impact intellectual property law and criminal law. The entities that qualify for immunity includes interactive computer service providers and inform...
👀 Other Visitors are Viewing These APA Book Report Samples:
- John Perry Barlow: Declaration of the independence of cyberspace.1 page/≈275 words | APA | Law | Book Report |