Information Communication Technology (ICT) has drastically altered the way we carry out our activities. Like any other cultural element advancement in ICT has been accompanied by new legal challenges associated with its use in the protection of basic human rights and freedoms. These challenges have encouraged the formulation of cyber laws meant to curb cyberspace crime and facilitate the resolution of disputes arising from the use of the ICT capacities like the internet, social network sites, and blog websites among other features. This task is a discussion of the legal options that Baderman Island has against a certain travel company in the UK whose clients her CEO claims have used its blog website to destroy the repute of their resort hotel in turn adversely affecting international and domestic business at the resort.
The claims made by the CEO of Baderman Island involve a cyber tort that has culminated in online defamation Miller and Jentz (2009). A tort is a harmful thing done to an individual and/or his or her property. It is important to note that a business or a company is a legal person whose interests both physical as well as intangible like respect, dignity and integrity can be injured. According to Miller and Jentz (2009), a person who says or republishes offensive message(s) can be held responsible in traditional tort laws. Meaning that print and electronic mediums can be held answerable for defamatory messages they propagate even if those comments are made by another person Miller and Jentz (2009).
In cyber tort laws, while an internet service provider enjoys immunity against liability for defamatory content posted on a website, a website operator may in certain situations be responsible for insulting remarks posted on their website by a third party Miller and Jentz (2009). These authors further provide that a site operator is usually guaranteed immunity if the web operator passively displays content that is wholly created by a third party.
In our case of discussion, Baderman Island can present a case of online defamation against the travel company that runs the blog through which their interests have been violated. Their case is based on the fact that the travel company has the responsibility of ensuring that postings on their blog website do not hurt another and that anyone with complaints about practices, products, or services offered by another business are aired through legally acceptable channels and language. However, they will have to prove their claims beyond any reasonable doubt. Otherwise, they can sue individual clients in which case they will need the cooperation of the company in the provision of the identities of the client’s Miller and Jentz (2009).
Reference List
Miller, R.L and Jentz.G.A. (2009).Fundamentals of Business Law: Excerpted Cases. New York: engage Learning.