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McBrayer Blogs

Showing 3 posts in Communications Decency Act.

Internet Defamation—What Can You Do When You Are the Target?

We’ve all seen them.  Anonymous spewing hate-filled, defamatory statements on Facebook and Twitter, as well as in the comment pages of news stories on both local and national news.  The commenters have a certain entertainment value, until you or your business are in their sights.  So what do you do?  The answer is not always so simple, especially when you don’t even know who is speaking. More >

Social Media: The New Harassment Landscape

Social media is changing the landscape of the internal workplace, providing a new way for employees to socialize and interact with one another.  The online workplace is rooted in conversation which is casual, revealing and often deeply personal.  The direct connection of social media is akin to an invitation into your home. It allows co-workers to share in your personal life with an instant sense of closeness and propels the relationship forward quicker than a traditional office friendship. The boundaries of conduct can become easily blurred and potentially dangerous when this complicated overlapping of private and professional relationships intersect online. Whenever the parameters get ambiguous, the probability of inappropriate behavior occurring increases, creating a growing employer concern for protecting employees from the potential of social media harassment. More >

The Irony of the Communications Decency Act

Posted In Communications Decency Act, Employment Law, Internet & Media Law, Internet Defamation, Social Media

As many unfortunate individuals have found, there are limited remedies for individuals who are the subject of unflattering information posted on the Internet. Next month, for the first time, a United States District Court in the Sixth Circuit will have an opportunity to rule on the Communications Decency Act which provides internet service providers immunity from liability for publishing defamatory information. The legislative history of the Communications Decency Act reveals that it originally had a far different purpose. More >

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