FIRST: Sites should never be held liable for third party contents (in this case, comments by readers) - because this will impose an onerous duty on them to constantly keep check on the vast amount of information that can come to them online - unknowingly. SECONDLY: The nature of the Internet must be given consideration. Indeed, news spread faster and wider on the Internet. But, a complainant can also quickly and extensively defend him/herself online, which, substantially mitigates any possible damage... more so, our beloved Prime Minister who has millions of followers online. THIRDLY: A defamation suit against Mkini over third party contents will have a tremendous stifling effect (which affects not only original publishers, but also a span of intermediaries). This runs foul with the very participatory nature of the Internet. S 3(3) of the CMA guarantees non-censorship of the Internet. Censorship, must necessarily include self-censorship which results from inter alia fear and uncertainty caused by intimidating laws and lawsuits. FOURTHLY: As a public figure, he must expect to be more open/susceptible to not merely applause, but also scrutiny and criticism from the public. As a leader, he has to respond, and engage. Instituting a defamation suit isnt exactly sending out the best message to the people. So, there, my 2 cents.
Posted on: Tue, 03 Jun 2014 08:44:15 +0000