8 Legal Issues for Bloggers: Part 2

Editor’s Note: Yesterday, we learned about the most common legal issues you can encounter when running a blog. As part of their trade, many freelancers maintain their own industry blog or contribute to other publications. Read 8 Legal Issues for Bloggers: Part 1 for a discussion on basic blogging concerns. For part two, James Adams returns today to discuss issues specific to student bloggers, adult material, and other concerns. Take it away, James!

4. Student Bloggers

Student bloggers are subject to the same blogging laws as everyone else, but often suffer from stricter controls when content they publish is aimed at minors or related specifically to their school. When a student’s free speech affects other pupils or teachers, disrupting their work or invading their rights, it can be silenced. This rule extends beyond school hosted blogs to personal blogs, provided they can be viewed from school premises.

To avoid getting sued or suffering the anger of your school governors, it’s best to refrain from publishing any defamatory content related to other pupils or teachers, serious or otherwise, or to promote the violation of school rules. To be extra safe, don’t use school resources to publish or view your blog, don’t encourage people at school to view your blog, and make it clear that your blog is in no way affiliated with your school.

5. Adult Material

As a blogger, you have the right to publish adult content on your blog, which includes pornography. You are not, however, allowed to publish anything which is deemed to be obscene. Obviously, what’s obscene to one person is mildly erotic to another, but in general, depictions of sex and genitalia are deemed to be legal, although standards vary greatly between jurisdictions. Producers of pornography are required, by law, to keep a written record of the names and ages of all the models they feature, however, this is usually limited to commercial operations and not free blogs.

I think it goes without saying that uploading child pornography onto your blog is illegal and carries severe punishments. If a viewer to your blog adds a depiction of child pornography in the comments section, you are required to inform the relevant law enforcement agency.

6. Intrusion into Seclusion

Intrusion into seclusion is related to how you gather information, rather than what you do with it afterward, which is generally covered under privacy law. You are not allowed to intrude upon the solitude or seclusion of another person or their private affairs in an offensive manner which causes anguish and suffering. Such an intrusion can be physical, like sneaking into somebody’s house to take a photograph of them, but it can also be an intrusion of the senses, such as eavesdropping or wiretapping.

7. Trade Secrets

A trade secret is a piece of information (like a formula, practice, process or design) that gives an organization a competitive advantage and is therefore kept secret. Perhaps the most famous trade secret is Coca Cola’s recipe. To count as a trade secret, an organization must go to significant lengths to keep it hidden. They usually they do so through non-compete and non-disclosure agreements with their employees. Bloggers must ensure that they do not contravene such agreements on their blogs or uncover trade secrets which are protected by state, rather than Federal law.

8. Right of Publicity

Right of publicity refers to the right of an individual to control the commercial use of his or her name, image and likeness, all of which are considered property rights and are protected by state law. Such laws have been designed to stop people from being commercially exploited without permission. In Indiana, where right of publicity laws are particularly severe, right of publicity lasts for 100 years after death and includes signature, photographs, gestures, distinctive appearances and even mannerisms.

There have been a number of high profile cases involving celebrities suing large companies for using their images without contractual compensation. In 2002, for example, Tom Cruise and Nicole Kidman successfully sued Sephora for using a picture of them in their promotional material. In 2003, several cast members from The Sopranos sued Best Buy for using their images in newspaper adverts without their permission.

Know Your Rights

Because it is a public communication and publication tool, blogging can intersect with a number of legal concerns and regulations. Above all, the best practice for any blogger is to know the regulations for your country and state. A blogger who is aware of his rights and the limits of his trade will be more able to navigate tricky situations as they arise. Have any resources that have been helpful for you in the blogging world? Share them below!

Editor’s Note: Please bear in mind that this article is intended to explore and educate and FreelanceSwitch is not offering legal advice or counsel.