Blogging: Legal and other problems of ‘anonymous’ comments

This is in continuation to my earlier post, Bloggers, beware of legal implications.

Every blogger normally welcomes comments on what he writes. These comments are something more personal than letters to the Editor in the print media. Blog comments generate active interaction between the writer and the reader. Sometimes there is severe criticism of what is written; if objective, they should be appreciated. Occasionally mistakes are pointed out. For that too one has to be grateful. Most of the comments are of an appreciative nature.

Vast majority of the commenters prefer to use an identity. That is how it should be. Sometimes, however, there are valid reasons to assume anonymity – for instance, a government servant commenting on a controversial subject.

Anonymous comments could also be from a person trying to be helpful but prefers to remain unknown. One of the sweetest moments in my blogging life was when an anonymous commenter saved me from a faux pas. While writing about a VVIP, I wrongly gave his father’s name instead of his. Shortly after the piece was published I received an alert from the anonymous benefactor and the mistake was rectified.

On the other hand there are people who consider that anonymity grants them the license to state any rubbish that they want. Sometimes this happens when a person gets emotionally upset over views that are contrary to his own. In such cases the reader shifts gear from objectivity to subjectivity. I had this experience on my posts about the Sr. Abhaya Case.

The worst type of commenters are the ones who are just being cantankerous, speak without any basis, assume an air of infallibility, and take long paragraphs to state what could be said in a few sentences. They forget that a good comment should be succinct and rational.

I attracted such an anonymous character with my post J.J. Murphy: An Irish Jewel on the South Indian High Ranges. I was writing about a man who was a family friend and about whom I have done extensive research; it is an ongoing project.

Enter Mr. Anonymous (according to the information that I have, a retired teacher from S. India who now lives in London). For some reason, he wants to establish, without an iota of evidence, that the Murphy family might have escaped to Scotland during the Potato Famine in mid 19c. They were very much in Dublin at that time.

That I responded to those comments was my mistake. But there is a legal angle to it. The descendants of Mr. Murphy (some of them are in touch with me) could claim that I allowed the commenter to use my blog to discredit the family. I hope they don’t take this as a prompt.

Recently, an Anonymous (the same one I assume; I did not check the IP code) had the temerity to ask for third party information!

I have these suggestions to bloggers who receive ‘Anonymous’ comments:

1. Reject the comment straight away if it seems suspicious

2. Note down the IP number of the commenter.

Related posts:

How I write Blog posts

Blogday thoughts

Bloggers, beware of legal implications

It is not only plagiarism that bloggers have to be careful about. A Division Bench of the Supreme Court of India headed by the Chief Justice has ruled that bloggers could be liable for libel or even criminal charges for the content they publish in their web logs. (The Times of India, Chennai, February 24, 2009.) I think Contempt of Court is also a possible risk.

The reported case relates to a 19 year-old from Kerala who started a discussion group on the Internet against the Shiv Sena activities. A Maharashtra Court issued summons against him on the basis of a criminal case filed by a Sena functionary.

The blogger obtained anticipatory bail from the Kerala High Court and then approached the SC to have the criminal complaint quashed. The SC said no; even comments published on a blog could attract legal action.

I suppose this position will also be applicable to the persons who send in the comments. One cannot escape the mischief of law by posting them under the ‘Anonymous’ label. The IP of the computer from which they are sent can be traced.

Every citizen, whether blogger or not, has the right to express himself. In certain States of the US, I understand, bloggers claim the status of journalists. (This has to be verified.) This does not mean one can ignore other applicable laws which include provisions against hurting public sentiment. Claiming that the views expressed are purely personal is no defense.

In the United States lawsuits against bloggers are on the increase. They involve millions of dollars. Details of legal actions against bloggers in that country can be seen at http://www.medialaw.org/bloggerlawsuits.

In a report dated July 20, 2008 Huma Yusuf states that around the world 64 bloggers were arrested since 2003 according to a publication by the University of Washington. More than half these took place in Egypt, China and Iran.

Some bloggers’ associations, it seems, run awareness programs for their members. There were also reports that insurance against lawsuits were planned in the US for the benefit of bloggers. The cheapest policy was to cost $540 per year. It is not clear whether the scheme is put on hold because of the financial meltdown.

According to an estimate, two new blogs are created every second! In an article posted on USA TODAY. Com (October 2, 2006), Laura Parker says, ‘The blogosphere also is the Internet's Wild West, a rapidly expanding frontier town with no sheriff.’

That is an apt description. And, that is all the more reason why bloggers should apply restraint in what the write and the comments they allow to be posted on their blogs. We can’t have ‘Injuns and cowboys’ shoot at each other in the 21^st century.

Also see:

How I write Blog posts

Contempt of Court - comment and response