Jisc Legal : Defamation

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Defamation

Defamation Law

dictionary page

Defamation is, essentially, concerned with the publication of lies, or untruths and a defamatory statement is one which lowers the claimant in the estimation of right thinking members of society. The general rule of UK defamation law is that the publisher of a defamation faces liability and this applies to FE and HE institutions as publishers in the same way as to any other publisher . So where an institution maintains control over what its users publish, it is likely to be considered a "publisher" of this material for the purposes of defamation.

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Mobile Technologies and the Law Overview (19 November 2012)
This paper considers the legal issues likely to arise from the use of mobile devices by colleges and universities. It is relevant for staff with responsibility for planning and managing the introduction and use of mobile technologies in their institution and for lecturers, researchers and support staff using or supporting the use of mobile technologies.

e-Safety Policy Checklist (30 October 2012)
A checklist of questions for institutions to consider when updating or framing an e-safety policy.

Law and ICT for Vulnerable Learners in FE (30 July 2012)
This guidance is intended for staff in UK FE colleges whose provision includes further education or training for vulnerable learners with varying needs including disability issues.

Legal Aspects of the Use of Child Images in OERs (15 March 2011)

This paper considers the legal issues which arise in relation to the taking of or possession of images (still and moving) of children for use in an Open Education Resource.

ARCHIVED: RSC Northern - e-Safety and the Law: How to Safeguard Your Learners - Presentation (23 March 2010)
ARCHIVED
Jackie Milne presented on legal aspects of safeguarding e-safety.

Safeguarding: Meeting your e-Safety Duties Webcast (3 March 2010)This webcast was designed to assist institutions in meeting their legal duties and inspection needs in relation to safeguarding and e-security.

Legal Aspects of Web 2.0 and Social Networking - Presentation (26 February 2010)
Presentation by Jackie Milne on Legal Aspects of Web 2.0 and Social Networking to the 'Scottish Web Folk Group'.

ARCHIVED: RSC West Midlands- e-Safety: My Legal Duty to Young Learners - Presentation (16 December 2009)
ARCHIVED
e-Safety presentation, delivered by Jackie Milne at RSC WM workshop.

RSC Scotland North & East- e-Safety and the Law - Presentation (15 December 2009)
Presentation by Jason Miles-Campbell on e-Safety and the Law at the RSC Scotland North & East Winter Fayre at the National e-Science Centre in Edinburgh.

Hosting Liability - Overview for FE and HE Institutions (23 November 2007)

An examination into the extent to which FE or HE institutions are responsible for content which is made available on their computer systems.

Hosting Liability - Essentials for FE and HE Institutions (23 November 2007)

Essentials guide for FE and HE on ISP liability for online content.

Data Retention Directive Overview (21 June 2007)
This overview paper briefly clarifies the current situation with regard to retention of communications traffic data by certain UK organisations.

ARCHIVED: FE/HE Institutions and Liability for Third Party Provided Content (10 June 2003)

ARCHIVED

Guidance on potential liability for FE and HE in storing information on networks, best practice and limitation of risk.

What balance should we strike between a strict internet filter and a more lenient policy? (29 October 2012)
The simplest way of addressing this is to remind users that it is the institution's responsibility to comply with the JANET Acceptable Use Policy ... (cont)

What is the legal position with regards to digitising our student newspaper, if the content turns out to be libellous? (19 October 2012)
The general rule of UK defamation law is that the publisher of a defamation faces liability and this applies to FE and HE institutions as publishers in the same way as to any other publisher.

Our employed apprentice students require access to MIS information which may be sensitive. Is this allowed? (11 September 2012)
Where a college employs students as apprentices and provides them access to MIS information as part of the responsibilities of their job and this enables them to view the records of other students this would not be a breach of data protection law in itself.

What is the legal position concerning defamatory statements posted on an institution's computer networks? (24 August 2012)
The general rule of UK defamation law is that the publisher of defamation faces liability. This applies to FE and HE institutions in the same way as ... (cont)

Do the legal risks of using Facebook in education outweigh the benefits? (22 June 2012)
This is a decision for the institution to make. There have certainly been various news articles highlighting privacy and data protection concerns related to Facebook, and similar issues apply to other external social networking sites ... (cont)

What are the legal implications of hosting or offering blogs and wikis? (30 November 2011)
Data protection and other legal issues remain the same for a college or university when hosting, offering or using blogs, wikis, and any other ... (cont)

Where can we get practical, relevant staff development training on ICT and law issues such as copyright, data protection and e-safety? (3 June 2011)
We are pleased to announce the launch of JISC Legal Plus - a new staff development service bringing JISC Legal's expertise to your institution at competitive prices... (cont'd)

Where can I get more information on writing an e-Safety policy?

JISC Legal offer you a variety of resources to help you do this ... (cont)

Defamation Bill Receives Royal Assent

The purpose of the reforms is to ensure that defamation legislation is fit for modern times. The Act aims to strike a balance between the right to freedom of expression and the protection of reputation.

Defamation Bill Set to Bite the Dust?
It is reported that the proposed Defamation Bill is no longer expected to become law.

Websites Forced to Identify Trolls (12 June 2012)
New government proposals, to be added to the Defamation Bill, state that internet 'trolling' victims have a right to know who is behind the malicious comments made about them.

New Plans for Defamation Law and Communications Data (21 May 2012)
Improving the protection of freedom of speech and increasing access to vital communications, including internet use, are proposed in the Queen's speech.

Personal Opinions Online Subject to the DPA (9 December 2011)
The High Court states that even where private individuals are expressing their own views online the requirements of lawful processing in the DPA can apply.

Defamation - Academics to get Increased Protection (20 October 2011)
Joint Committee report on defamation law recommends new notice and take-down internet procedures as well as increased protection for scientists and academics.

Consultation Open on Draft Defamation Bill (16 March 2011)
The draft Bill aims to strike the right balance between protection of freedom of speech and protection of reputation and includes new statutory defences and is open for consultation until 10 June 2011.

Defamation Bill 2011 (11 February 2011)
This bill seeks to amend current defamation legislation and is progressing through Parliament. The main focus of the bill is to make sure that defamation legislation is fit for modern times.

Swift Action by Website Beats Defamation (29 January 2010)
Removing potentially libellous material posted by website users as soon as possible can protect from liability

Defamation on the Internet - Consultation (16 September 2009)
The Ministry of Justice seeks views on updating defamation law so it is fit for the modern age.

ICO Updated Privacy Impact Assessment Guide (8 June 2009)
ICO issues handbook on handling personal information and managing privacy risks.

Liability for Defamation does not Limit Free Speech (13 March 2009)
European Court of Human Rights maintains a new defamation action can be brought for every access to online defamatory material.

List of Media Law Tweeters

Guide to Social Networking in the Workplace

ACAS guide offers practical tips on the impact of social networking on discipline and grievances, bullying, defamation, data protection and privacy.

JANET Factsheet: Providing Email Addresses for AlumniThis JANET factsheet on providing email accounts for alumni is intended to assist in considering all the potential issues involved, with JISC Legal contribution from a legal perspective.

HMIe Report on Safeguarding Arrangements and Practice in Scotland's Colleges (25/06/2010)

An aspect report by HM Inspectors on behalf of the Scottish Funding Council to identify approaches and best practice and to make recommendations for improvement.

South West Grid for Learning Trust - Template Policy and Review
Specific e-safety policy template available and 360 degree self review tool.

Kent Trust Web - Core e-Safety Policy and Audit

e-Safety resources, including a sample audit and core policy.

Test Your Multimedia Copyright Knowledge

The Welsh Repository Network has published a learning tool to help you consider some of the copyright issues for multimedia respositories.

Defamation Newslinks

Defamation Bill Receives Royal Assent

The Bill is now an Act of Parliament. It received Royal Assent on the 25 April 2013.

New Jisc Legal BYOD Toolkit

The toolkit will be useful to those colleges and universities that have not yet set out their approach or offered guidance to their staff and students on BYOD.

ICO Publishes BYOD Guidance
This new guidance considers the data protection issues raised by bringing your own device for use in the workplace.

Defamation Bill Set to Bite the Dust?
It is reported that the proposed Defamation Bill is no longer expected to become law.

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