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Europe, Free Speech, And The Internet

drdale writes "Declan McCullagh responds at CNET.com to a proposal by the Council of Europe to require Internet sites to publish replies by individuals whom the sites criticize. This would apply to all web sites, apparently, including blogs. Per McCullagh, the Council's proposals do not have the force of law, but often serve as the basis for new laws." Imagine the chilling effect if McCullagh's own politechbot and similar sites had to follow such rules.

10 of 341 comments (clear)

  1. Dupe, perhaps? by abischof · · Score: 2, Informative

    Dupe of this story?

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    Alex Bischoff
    HTML/CSS coder for hire

  2. How about search for dupe posts? by PhinMak · · Score: 2, Informative
    Take a look down the list. How many people have posted their "origional" idea that this is a dupe article? After they fix the search engine, they should figure out how to get rid of dupe posters.

    Anyway, this isn't a dupe, exactly. It covers the topic of the proposed law, but this article is an expert's response and should bring up issues that /. folk hadn't thought of yet...

    --PhinMak --

  3. Re:Why chilling? by pclminion · · Score: 2, Informative
    It just ensures the powerfull and rich people can't bash and blaim poor people

    No, it means that when you post anti-Microsoft tirades on your little blog site, MS has the right to come in and force you to put up a 500k .doc file telling everyone why you are full of shit.

  4. so what ? we have this already by C0vardeAn0nim0 · · Score: 2, Informative

    it's in brasil's constitution since 1988. it's called "reply right" and states that everyone has the right of reply _proportional to the damage_

    this means that if someone badmouths me, i have the right to defend myself.

    is usual to see this right being used by politicians during campaigns. ans since the arcticle is generic, it applies to _ALL KINDS_ of media. doesn't matter if is writen, spoken or digital. you badmouth me in your blog and your blog is in brasil, i'll get a reply right. if you don't publish my reply i'll get a warrant to shovel the reply down your server's throat. simple, efficient and it's there since before internet went public.

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    What ? Me, worry ?
  5. Repeat after me by CausticWindow · · Score: 2, Informative

    The Europeans do not have a bill of rights. They do not have a constitution granting them freedoms like we have.

    They've chosen it themselves. If laws like this are the result, then that's just what they'll have to put up with.

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    How small a thought it takes to fill a whole life
  6. Re:Why chilling? by tomhudson · · Score: 3, Informative
    they can't go to a court and say "they slandered me and won't let me defend myself, so make them give me money".</quote>

    What does a right of reply have to do with not being able to sue for slander or libel?

    Come on, if your local newspaper, or, more likely, the National Enquirer, published a headline on page one saying you're a pig-fucker, you already have the right to write back to the editor. So they publish your rebuttal and say - "see, we've published your rebuttal, nyah-nyah, don't sue us".

    Would you be satisfied? Not very likely. You'd sue (unless you really are a pig-fucker, or the goatse.cx man, in which case there has been no libel).

    You think people are going to pay attention to a rebuttal? Or that it would have as much credibility as a million-dollar award by the courts?

  7. Re:That's a good thing! by CaptainStormfield · · Score: 3, Informative

    This is already law for newspapers, and why would internet sites be held to a lesser standard?

    It's not the law for newspapers in the U.S.; the U.S. Supreme Court struck down a right-of-reply statute in 1974. See Miami Herald Publishing Co. v. Tornillo, 418 U.S. 241 (1974).

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    "The dinosaurs died because they didn't have a space program." - Niven
  8. Re:Ummm... by agallagh42 · · Score: 2, Informative

    Did you RTFA? No? Heres a section you might find interesting.

    "A January 2003 draft envisioned regulating only "professional on-line media." Two months later, a March 2003 draft dropped the word "professional" and intentionally covered all "online media" of any type."

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    Carpe Cerevisi - Seize the Beer
  9. Re:You have it backwards. by Sneftel · · Score: 3, Informative

    RTFA. The legislation would make it legal to post a link to the rebuttal.

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    The opinions stated herein do not necessarily represent those of anybody at all. Deal with it.
  10. Re:I think it's a good idea by greggman · · Score: 2, Informative

    No, it does not require you to just add a link "replies to our stories". It requires you to give the reply the same ammount of exposure as your original article. In other words, if you article was a front page headline, the reply has to be a front page headline.