Web 2.0 and the changing face of libel law

Abstract

The Internet has seen a landslide transition since its formation, and up till the creation of Web 2.0. The ‘newer’ Web 2.0 has seen online platforms such as social networking sites and online comments boards contribute to broadening the dissemination of information through user-generated content. This has spawned a near absolute vehicle for defamation to occur almost effortlessly, not just through the creation of content by Internet users, but also by the republication of such content. This thesis discusses the measures taken by foreign jurisdictions, namely the UK and the US, to regulate the legal repercussions that are constantly emerging in the face of these fast-paced developments. The author also discusses the local scene, focusing on the Press Act and whether its continued application is sufficient in the light of the lack of Internet-specific defamation laws. Furthermore, this thesis evaluates the use of hyperlinks, Facebook shares and retweets as new circumstances which are fuelling the uncontrolled sharing of defamatory content. The ‘rule of repetition’ is also examined in order to perceive whether its application to online libel is practical in all circumstances or otherwise. Being a grey area, foreign jurisprudence is scrutinised to understand what constitutes an actual ‘republication’ of defamatory content, and whether sharing content without adopting or endorsing it will exonerate the user from being found liable for such republication. Moreover, the ‘noticeboard allegory’ is also delved into in comparison to the passive repetition of defamatory online material through Facebook pages and online comments boards, which are surging in popularity, and creating legal ramifications for the persons who control such fora. In conclusion, the author seeks to determine whether the local scene can do with a reform in this area of law, or whether technology-neutral laws should be updated to reflect the growing reality of Internet libel.