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EU Bans Sock-Puppet Blogs
PhilipMarlowe9000 writes in with news of a new EU directive that will take effect in the UK at the end of this year to ban "sock-puppet" reviews or websites, part of an EU-wide overhaul of consumer laws. From the article: "Businesses that write fake blog entries or create whole wesbites purporting to be created by customers will fall foul of a European directive banning them from 'falsely representing oneself as a consumer.' From December 31, when the change becomes law in the UK, they can be named and shamed by trading standards or taken to court. The Times has learnt that the new regulations also will apply to authors who praise their own books under a fake identity on websites such as Amazon."
Please keep in mind that fraud is not generally protected speech, particularly when it relates to commercial speech.
Either speech is free or it isn't, no matter what convenient label you want to put it under.
That's an easy position to take, because it is the expression of an ideal. In the real world, rights clash all the time. The rights of Individual A, when they come into conflict with those of Individual B, or of society at large, can't be absolute.
My right to defend myself does not give me the right to shoot someone in the head when they try to pick my pocket. My right to own property doesn't mean that I can drill down and inject anthrax into the groundwater. My right of free speech doesn't mean that I can spam millions of email users without consequence. It also doesn't mean that I can advertise Fruit Loops cereal as a cure for cancer. In Abstract World it sounds great to let the buyer beware, but just imagine how much of a drag that would be on society. Transaction costs would go up, because much more due dilligence would need to be done, just to conduct a simple purchase. Those with more free time and more resources would be able to conduct due dilligence. Everyone else would be put at a substantial disadvantage. That's a perversion of free speech, which is designed to protect political speech, not the fleecing of other citizens.
As a side note, your slippery slope argument may apply in some countries, but not in the United States.I don't know how it is elsewhere, but in the United States, commercial speech has been granted more 1st Amendment protection over the past few decades, not less.
Read the EFF's Fair Use FAQ
When a new law is written and put into action, people's debate center around two opposing opinions: is it good, or is it bad.
/for example/ face public humiliation and mockery before they decide that this wasn't a good idea to begin with?
Granted, every law can be bad or good, but we're missing the big picture. Have you seen the proposed European consitution? The Bible's both testaments are nothing compared to it.
Every time you put a law about something, you need to be really friggin sure that the right solution is *legal*. Otherwise we end up in a system so complicated and flawed (every law is imperfect, you know this), that nobody understands it at all, and the rules are so many and in many cases conflicting with each other, that the only way to apply them is selectively and "with a spin", depending on the lawyer/prosecutor/citizen bias.
We all fall pray to lawyers and the juridical system setting traps for us on every step to doing something.
Should fake blogs and reviews be banned? They shouldn't be encouraged, but a law is excessive. I mean, how many times should Sony
Fake marketing right now is, in most instances, easily recognizable. If we decide to patch the situation with a bunch of "moral" and "smart" laws, then the corporations in question will just get stealthier, and hire few more lawyers to let them workaround the law.
In the end, we gain nothing, except more complexity, and more lawyers. Great.