Where Are You Publishing?

AndrewRUK writes "A reporter for The Guardian is being prosecuted in Zimbabwe for a report that appeared on the newspaper's website, the newspaper writes in this report. If the case is successful, it would allow Zimbabwe's courts to apply the country's draconian media laws to any online publisher, putting reporters and editors at risk of arrest if they go to Zimbabwe, or any country with extradition treaties with Zimbabwe. Once again, we see a case which raises the question of which courts have jurisdiction over online publishing. Is a UK newspaper, with webservers in the UK, and a site accessable to anyone on the net, publishing only in the UK, or is it publishing everywhere where there's net access?" An issue that just doesn't seem to go away ...

Comments

Re:Sklyarov

[nuggz]

Except the product Sklyarov wrote was sold in the US. If the article was in a newspaper or magazine sold in Zimbabwe then it would be more similar.

They are different in specifics, however they are similiar that people are doing things completely legal and appropriate, being subject to stupid laws of faraway countries.

Best advice is to not go where they have sufficiently stupid laws.

Website Licenses

[Alien54]

It is this sort of thing that leads to the sort of Web site licenses seen here:

http://www.radiofreenation.com/rfn_news_titlepage. html

Which, among other things, says :

3.17 You warrant that your access to this site is not a violation of local laws and regulations in force at the location where you are accessing these Web Sites, and You agree to hold harmless these Web Sites, CyberKnowledge, and CyberKnowledge Staff and/or Authorized Agents for any actions by you that may be a violation of such local laws and regulations.

3.18 You warrant that your access to these Web Sites is not a violation of local laws and regulations of the Country, province, state, county, city, town, or any other type of government jurisdiction of which you are a citizen and/or whose laws you are subject to; and You agree to hold harmless these Web Sites, CyberKnowledge, and CyberKnowledge Staff and/or Authorized Agents for any actions by you that may be a violation of such local laws and regulations.

[...]

4.15 You warrant that your contribution to these Web Sites is not a violation of local laws and regulations of the Country, province, state, county, city, town, or any other type of government jurisdiction of which you are a citizen and/or whose laws you are subject to; and You agree to hold harmless these Web Sites, CyberKnowledge, and CyberKnowledge Staff and/or Authorized Agents for any actions by you that may be a violation of such local laws and regulations, including obscenity laws as judged by local community standards, promotion of and/or access to child pornography, incitement to illegal acts and/or other crimes not specifically mentioned.

4.16 You warrant that your contribution to this site is not a violation of local laws and regulations in force at the location where you are accessing these Web Sites, and You agree to hold harmless these Web Sites, CyberKnowledge, and CyberKnowledge Staff and/or Authorized Agents for any actions by you that may be a violation of such local laws and regulations, including obscenity laws as judged by local community standards, promotion of and/or access to child pornography, incitement to illegal acts and/or any other crimes not specifically mentioned.