Online Defamation in US, UK, Hong Kong and China

Issues of Online Defamation

Forms of Online Defamation

The world of Internet is informal and instantaneous. There are numerous means for user to publicly express their opinions. These characteristics in a way increase the flow of information and exchange of opinion, but are also dangerous by allowing users to make defamatory remarks freely that they may otherwise be incapable of making. The easiness and anonymity in the Internet may lower the users' alertness. Outlets such as bulletin boards, messaging channels, newsgroups and even e-mail are in fact all subject to the laws of defamation.

Emailing
To send an email or forward an email is just as simple as clicking a button. When a user receive an email which might contains defamatory materials, it is very easy for them to forward it to a number of other recipients. Within a few minutes, this email can be forwarded to thousands of people over the world if other recipients click the same forwarding button. Not only the original sender violates the defamation law, each person who forwarded this email might be also responsible.

Bulletin Boards/ Forums
There are numerous channels for Internet users to voice out their opinion, such as BBS, forums and bulletin boards. These messages can be seen by millions of Internet users and might create an endless discussion by other users. Some messages might contain defamatory content and even arouse hot "flaming", known as online word battle. Though the hosts of these forums usually have a statement or disclaimer which requires the users not to post defamatory and other illegal messages in the forum, there can be thousands of threads posted within a single hour that makes the host impossible to manage and screen.

Chatrooms/ Online Instant Messenger
In a semi-public or a "members only" chatroom, users can freely talk to each other instantly without much regulation. By using online instant messenger such as ICQ and Yahoo! Messenger, people can also chat or exchange opinion, files and URLs instantly. This instant feature can be dangerous if the messages or files contain defamatory content. These messages can flow in a speedy way and hard to predict who will be receiving them.

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Online CyberLaw and Telecommunications Policy in Greater China