Legal Risks attached to Online Publishing

The rapidly increasing use of the Internet by information professionals as a standard tool for disseminating access to materials and information means that they need to be aware of the risks associated with online publishing, the way the law is moving to address those risks, and what steps can be taken to reduce them[1]. Such risks in broad terms as catalogued by Citizen Media Law Project[2] in its database of legal threats include claims against the online publisher in respect of:

+      Defamation;

+      Intellectual Property Rights Violations;

+      Disregard for Privacy/ Anonymity;

+      Conflicts of Interest;

+      Conduct of the Online Publisher’s Users/ Readers; and

+      Failure to observe specific content licences such as “Creative Commons” licences or “open content” licences.

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Legal compliance in respect of Online Publishing:

Compliance, with respect to Online Publishing, refers to the state of conformity of an online publisher with legislation, regulations and/or recognised standards relevant to the activities of online publishing. In strict terms, an online publisher seeks to limit fines and liability for non-compliance. Strategically, compliance criteria may be aligned to legal, commercial and organisational objectives and should be managed as part of the online publishers operations.

Specific legislation applicable to online publishers in South Africa include:

+      Electronic Communications and Transactions Act;

+      Constitution of South Africa;

+      Intellectual Property legislation, more especially the Copyright Act and Trademarks Act;

+      Promotion of Access to Information Act;

+      Regulation of Interception of Communications Act; and

+      Protection of Personal Information Bill.

Legal Services offered by Chetty Law

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Chetty Law conducts a Legal Audit for online publishers is to assist the  publisher in developing, implementing and managing a legal risk reduction program in respect of Online Publishing and enhancing  compliance to laws relevant to Online Publishing. Relevant legal risks and compliance obligations will be identified, documented and communicated. The approach is integrated i.e. constitutes a review of online and offline processes and facilitates a cohesive approach amongst departments/divisions of the publisher. Further, the Legal Audit will draw awareness of important legal duties that the publisher must adhere to.

Chetty Law, at the publisher client’s option may also assist publishers in drafting and implementing the policies and procedures necessary to address the gaps identified in the Legal Audit.

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Please email info@chettylaw.co.za for more information on online publishing law and our related services.

[2] http://www.citmedialaw.org/database