JISC Legal : Defamation

Site Map
Privacy Statement
Copyright Policy
Accessibility
Feedback

COOKIES: This site uses Google Analytics Cookies for performance monitoring only. By using our website you agree that we can place these cookies on your device.

Legal Guidance for ICT Use in Education, Research and External Engagement

Home
My Role
Legal Areas
Themes
Contact Us
- Enquiry Form
About Us
Training
- JISC Legal Plus

Content

Legal Areas

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.

Resources

Guidance
FAQs
Law Watch
Links

Law and ICT for Vulnerable Learners in FE
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 (15/3/2011)

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.

RSC Northern - e-Safety and the Law: How to Safeguard Your Learners - Presentation (23/03/2010)
Jackie Milne presented on legal aspects of safeguarding e-safety.

e-Safety Policy Checklist (03/03/2010)

A checklist of questions for institutions to consider when updating or framing an e-safety policy.

Safeguarding: Meeting your e-Safety Duties Webcast (03/03/2010)

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 (26/02/2010)
Presentation by Jackie Milne on Legal Aspects of Web 2.0 and Social Networking to the 'Scottish Web Folk Group'.

RSC West Midlands- e-Safety: My Legal Duty to Young Learners - Presentation (16/12/2009)
e-Safety presentation, delivered by Jackie Milne at RSC WM workshop.

RSC Scotland North & East- e-Safety and the Law - Presentation (15/12/2009)
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 (23/11/2007)

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 (23/11/2007)

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

Data Retention Directive Overview (21/06/2007)
This overview paper briefly clarifies the current situation with regard to retention of communications traffic data by certain UK organisations.

FE/HE Institutions and Liability for Third Party Provided Content (10/06/2003)

ARCHIVED

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

Do the legal risks of using Facebook in education outweigh the benefits?
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?

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?

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)

Websites Forced to Identify Trolls
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
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

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
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

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

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 (29/01/2010)

Removing potentially libellous material posted by website users as soon as possible can protect from liability

Defamation on the Internet - Consultation (16/09/2009)

The Ministry of Justice seeks views on updating defamation law so it is fit for the modern age.

ICO Updated Privacy Impact Assessment Guide

ICO issues handbook on handling personal information and managing privacy risks.

Liability for Defamation does not Limit Free Speech (13/03/2009)

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 Alumni

This 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.

Search Site

Defamation Newslinks

Think Before You Tweet - or Risk Arrest

A Twitter user has been arrested on suspicion of making malicious communications.

Websites Forced to Identify Trolls

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

Improving the protection of freedom of speech and increasing access to vital communications, including internet use, are proposed in the Queen's speech.

Monitoring Social Media in Education

A story published this week in the Higher Education network blog highlights the issue of universities monitoring social media sites.

View all Defamation news

Recent JISC Legal Events

No events listed.

Social Media