Issue Contents
Vol 12 No 2 - June 2007

Blogs and the law: Key legal issues for the blogoshphere
Damien O'Brien

Over the past few years the blogosphere has experienced an unprecedented level of growth, in terms of both the popularity of blogs and the number of blogs in existence. The very nature of a blog – a short, instantaneous, highly personalised form of online communication that is accessible throughout the world – fundamentally challenges the application and operation of traditional legal doctrines. However, this relationship between the blogosphere (the community or social network of blogs) and the law is yet to be fully conceptualised and considered from a legal perspective. Therefore, the purpose of this article is to consider, from an internet law perspective, some of the most critical legal issues which are currently facing blogs, their authors, bloggers and the intermediaries which host blogs. The article will firstly provide a broad overview of blogs, by examining the nature of a blog, how the courts have interpreted blogs, the rise of the blogosphere and the emergence of so called new generation blogs. The article will then consider some of the key legal issues affecting blogs, including copyright law, defamation law, internet jurisdiction, employment law and intermediary liability of blog providers. Finally, the article will conclude with some thoughts on how blogs and the blogosphere will survive the many challenging legal issues which they are likely to encounter.

Full text versions of articles are available from LexisNexis online.

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