Immediately after the onrush of Hugo Chávez against Internet, the government party respects the orders and Net user tries to establish responsibilities to the managers of web pages, blogs, portals of news, radio and television. Even for the comments lodged by the users, generally in spaces where the publication is opened, without any type of previous moderation, when it is a question of already registered users, with systems as well as it is not that they moderate but they control the spam and are automatic. Clear before the happened in Digital Newscaster, for the publication of 2 foristas of informations that turned out to be false. As compete the following thing expressed me to them:
I have seen that a Venezuelan portal has eliminated the comments section, television programs eliminate the text messages in the insert, for it, I suggest to the assiduous visitors who have been previously registered even if mostly they are anonymous, who know that this blog does not lend to the death threats that there are not even used terms that spend the streak of the vulgarity, and of another order, especially in the political topics, to contribute to achieve that the section could be still opened and automatically.
Opportune to remind to them that more level is had when we express ourselves with arguments and without disqualifications. Certainly, they were annexed by an interesting precedent, the judgment of a Spanish court that it exempts to the digital responsibility newspapers for the Internet forums.
Now, that there are opinions, this is the freedom of expression, a right that we all have. Unless finally we are already not allowed and doing it be a motive for a penal judgment or so that they could block us. And what happens is very dangerous for the Venezuelans.
We go for behind, the modernity is not the model of this diet. The fact is that there came the president of Belorussia where Internet is censured, and not only it has received praises, when to today, rather, the courts pronounce themselves in favor of the digitalises.
Angela Merkel tries to use the diet also the expressed for the German cancillera, and this is only one out of context, since she has referred to the pages control with infantile pornographic content and electronic fraud. And it is not the case, here what it deprives is to keep silent about the dissident voice and to stop depriving us of freedom as it happens in countries like Cuba, Iran, China, I already commented to them that thing about on Belorussia.
There is an excellent precedent of a judgment in Lugo, Spain in which the court exempts to the digital responsibility newspapers for the Internet forums:
“The court thinks that the publication of the messages is instantaneous and there cannot be applied the same legal restrictions as to the printed matter. The judges believe that the only way of controlling the messages is to have a person 24 hours a day in the forum. The mistake aims that the attempts of limiting the comments in the digital means have been declared unconstitutional in the United States.”
Martha Colmenares
Related in my blog
- Hugo Chávez rushes forward at pages of Internet and Case Digital Newscaster +Video
March 14, 2010
- A legal text exists already in Venezuela for the Internet control
February 17, 2010
- Networks as Twitter in the sight, since Chávez arranged “against attacking” Internet pages
February 02, 2010
- Text of the Project of law to punish supposed “Crimes Médiaticos”. Very seriously
July 30, 2009
- With communication hegemonic bundle we will be able up to remaining isolated
July 13, 2009
- To anyone they will be able to put prisoner of course “crime mediático”
July 03, 2009
- Diet will be able to control up to the Facebook
September 04, 2008
- The government might take control of the contents in the Internet network
August 27, 2008
- Chávez would have the entire power to control Internet and SMS
August 19, 2008
Related of interest
JUSTICE | The judge applies the LSSI instead of the Law of Press
The proprietors of a forum are not responsible for the comments of the users
The Hearing of Lugo confirms the acquittal of the proprietors of Mindoniense.com
Pablo Romero | Madrid
Updated on Wednesday 7/15/2009 15:20 hours
The holders of a forum in Internet, and in general blogs and wikis, are not responsible for the comments of the users, according to the Law of Services of the Information society. This way it has been passed by the Provincial Hearing of Lugo, which absolves the managers of the place mindoniense.com.
Mindoniense.com, created in 2006, it is a place of general information about the locality of Mondoñedo, critic with the mayor of that time, Luis Rego, of the People's Party. In the forum of the above mentioned web site, created in 2007, two unknown users (‘that were signing like ‘Ann’ and ‘Iván‘) there overturned each opinions in which his management was criticized by hardness.
The mayor intrepuso a demand in defense of his honor, which was filed in 2008 “for there did not exist sufficient motives for attributing his perpetration to certain any person”, although the mayor was asking the proprietors of the page for responsibilities before the inability to identify of trustworthy form those who were signing like ‘Ann‘ and ‘Iván‘.
In the first judgment, the judge determined that under protection of the Law of Services of the Information society and of Electronic commerce (LSSI), the managers of Mindoniense.com were not responsible for the comments spilled by the users in the forum.
They are not responsible
According to the article 16 of the LSSI, “the lenders of a service of consistent intermediation in lodging information provided by the recipient of this service will not be responsible for the information stored by request of the recipient whenever they have not effective knowledge that the activity or the stored information is illicit or of that it injures goods or rights of third capable of indemnification or, if they have it, they act with diligence to withdraw the information or to make the access to they impossible”.
There happened the circumstance then of which the managers eliminated the comments as soon as they had their knowledge, after a notice of the Civil Guard.
LSSI, not Law of Press
Now, the Hearing of Lugo applies the LSSI again to absolve the defendants, instead of the Law of Press, remembers the Lawyer of the Navigator, Carlos Sánchez-Almeida.
He says the judgment that “cannot be applied similarly to the case that occupies to us the legal system of the printed matter (even it before the transposition to the internal Right of the Board had been criticized extensively by the Doctrine), since there are different situations a publisher has faculties of control and supervision, while in the forum it is impossible if there are foreign contents”.
According to Almeida, “this judgment is especially important because it is the first time that a Provincial Hearing is evident in a civil process on the exoneration of responsibility of the proprietor of a forum for the comments that in him the fellow guests should spill”.
The news of mindoniense.com
Confirmed the disrespect of the demand presented against this web
The Provincial Hearing of Lugo has confirmed the judgment dictated by the Court of the First instance of Mondoñedo, absolving this way the proprietors of the forum lodged in mindoniense.com for the illicit comments that some of his users carried out in the above mentioned forum.
This Judgment is especially important from the moment in which it is the first time that a Provincial Hearing is evident in a civil process on the exoneration of responsibility of the proprietor of a forum for the comments that in him the fellow guests should spill.
To come to this conclusion the Court he considers of application the beginning contained in the LSSICE and not in the Law of Press, “even it before the transposition to the internal Right of the Board … since there are different situations.”
For it, the Court considers the application of the LSSICE to be clear on having said that “inside the accommodation there contemplate not only the basic activity the lenders of Hosting – web sites accommodation, but also comments of third in a blog, that of articles in a wiki, or that of messages in a forum - being carried out a function for the demandandos asumible in the assumption contemplated in the art. 16 of the L.SS.I.”
In this sense, the Judgment the same way reveals how these criteria are placed the same way in the international scene on having affirmed that “the community and Spanish legislator they give novelty to the Information society, creating impunity plots for the servants and alojadores of information, when like a case like which it occupies the opinions to us they are spilled for third. Such a criterion has spread to other countries of the environment; this way in the USA "Decency Act" of the Congress approved in 1996, declaring the indiscriminate responsibility of the provider (of access or service) of all the illicit contents that circulate under his influence radio, it was declared unconstitutional by the T.S. American two years later, for violation of the freedom of expression.”
The judgment of the Provincial Hearing is accessible here.
The judgment of the Court of the First Instance is accessible here.
The news in web mass media:
The World. The proprietors of a forum are not responsible for the comments of the users
Telecinco. They absolve to a web for the comments done by the users
Wiggle me. The managers of forums, blogs and wikis they are not responsible for the contents contributed for third
Barrapunto. It pronounces itself: the managers of a forum, not responsible for the comments
Another side. They confirm not webmasters responsibility for comments of third
ALT1040. The managers of forums, blogs and wikis they are not responsible for the contents contributed for third
Association of Net users. Welcome to the freedom
Kriptópolis. I marry Mindoniense.com: good news for the freedom of expression
Libertad Digital. They absolve the proprietors of a forum for the illicit comments of his users
Internet use is subject to the Law Spring
MAYERLING CAREER
All those persons who administer web pages, portals of news, radio and television Net user, are forced to expire with the Law of Social responsibility. This way it was informed by the vice-president of the Close Socialistic Party of Venezuela (PSUV) for the Northeastern Region, Aristóbulo Istúriz.
It showed that the proprietors of any mass communication media cannot spread “what gives them the desire”, and that the one who gives an information is responsible for what he says.
He emphasized that the regulation of the Internet is not a slap for the future parliamentary elections, but the already established Law must be respected. “A campaign comes and now the sewage is going to get uncovered, each one must have responsibility of what is said”, he warned.
It stressed that different mass media have been in charge of spoiling the declarations of the head of state, Hugo Chávez, concerning finishing those who Internet route spread false informations.
“Chávez has not demanded regular Internet. The president said that laws exist and that it is necessary to act in accordance with the Law”, it pointed out.
Nevertheless, it indicated that the achievement of a Law is not foreseen to control the use of the Internet.
“The president said: The norms exist, apply them. There neither is the National Assembly (AN) nor has been walked by a Law for regular Internet, simply there exists a Law of Social responsibility to which they all must surrender”, he said.
2001
It is not necessary to reform the law to control Internet
16-03-2010 09:20 am
Liza López
2001
Experts affirm that technically the Network can be
censured. In the District attorney's office and in the Parliament they say that it cannot be
territory without norms. On the other hand, the Cantv is investing in the creation of a NAP
and for it it has moved forward agreements with other operators deprived In context: Chávez: Internet cannot be a free thing Computer graphics: Internet connection
And the wolf came. The creation of a mechanism to control what circulates along Internet - so announced like Pedro's story and the wolf - it is materializing. There exist already evidences of which the installation of a point of the only access of connection is in march. The experts confirm it: it is not necessary to reform the Law of Telecommunications so that the State sets to work this system of access (NAP for his initials in English). Technically it is possible to do it across the Cantv, what it would mean to spend over the guaranteed in the Constitution and in the Law of Telecommunications: a free and plural access of the service for the 9 millions of persons who use Internet in the country.
On Friday, the president of the Cantv, Franco Silva confirmed the fear of many users: the Cantv is investing in the creation of a NAP and for it it has moved forward agreements with other private operators.
On the following day, the president Hugo Chávez said that “Internet cannot be a thing free where it is done and say what they should want”, on having referred to a local portal whom a false information accused of publishing. At once it exhorted to the organs to regulate the network and the television for subscription.
Fact NAP. The problem is not that the Internet in Venezuela depends on the only access, the analysts repeat. Yes it turns out to be profitable, since the connection would not have to travel up to an operator in the United States and bounce so far. This would reduce the costs and the navigation speed.
This way it works in some countries of Europe and in the United States. The difference is that the only access handles a multidisciplinary group (public, private sector, users), and what here it appears the fact is that it is controlled by the State, as in Cuba, China and Iran.
The teacher Luis Núñez, of the University of the Andes and founder of the Latin-American School of Networks, and the expert in telecommunications and the director of Newsletter Inside Telecom., Víctor Suárez, they coincide: it is not necessary to reform the law to create the access point. “The warned in the last two years has happened. The NAP is created by the route of the facts”, annotates Núñez.
He adds that if Internet is controlled by only one entity, the censoring will be clear: I block of pages, review of contents, trailing of post office.
Suárez remembers that for the Cantv there happens most of the traffic of the network (the company estadal and another big operator they generate almost 85 %). He makes sure that the only point exists already, but that there is not oficializado.
For it it alludes to the position of the Chamber of Companies of Services of Telecommunications, which considers the imposition of a NAP to be worrying.: “Who guarantees that an entire control does not exist? There must be a regulative frame for a neutral handling”, says Suárez.
Responsibility on the comments in the foros/blogs
Written by Rancilio in Internet
Often one has spoken on the responsibility of the managers of forums and blogs as regards the publication of comments of his readership. It was not remaining clear into whom this responsibility was relapsing, especially when it is a question of places, like this one, where the publication is opened, without any type of previous moderation (except, clearly, automatic anti-spam systems).
Today we can read in the whole press that the Hearing of Lugo exempts to the responsibility newspapers for the Internet forums:
“The court thinks that the publication of the messages is instantaneous and there cannot be applied the same legal restrictions as to the printed matter. The judges believe that the only way of controlling the messages is to have a person 24 hours a day in the forum. The mistake aims that the attempts of limiting the comments in the digital means have been declared unconstitutional in the United States.”
For it, the Hearing of Lugo has born in mind the European board and the Spanish legislation on the treatment of the information in Internet due to the absence of judgments of reference. All this provoked by the demand interposed by Alcade de Mondoñedo against the digital newspaper mindoniense.com, where two readership accused this one, in a few comments, of favoring a promoter.
Very good news for the freedom of expression in the network. So you know already, for the good thing and for the bad thing, each one will be responsible for his own comments
Quarter of the Rosebushes
National assembly does not discard to legislate on Internet
Related content
* National assembly does not evaluate to control Internet
* Government happened of promoting Internet to try his control
* General district attorney shares that web “cannot be a territory without law”
08:18 AM Caracas. - The president of the Permanent Commission of Science, Technology and Social Communication of the AN, Manuel Villalba, insisted that the draft of a law does not exist for regular Internet, nevertheless, he did not throw for ground to legislate on the matter, after the worry expressed by the first national chief, Hugo Chávez, and ratified yesterday by the general district attorney, Luisa Ortega Díaz.
It pointed out that in Venezuela any attacks quantity has been done against the Government, institutions and persons across Internet, for what sees with good eyes that the State puts in discussion before the public opinion the topic. “Freedom is not a dissoluteness, where every who does what gives him the desire. The State has to intervene”, he stood out in the program Entre Journalists, that it transmits Televen.
Nevertheless, to his judgment, it is a "falsity" and a "manipulation" to say that the Government wants to control Internet, for cercenar the freedom of expression. Villalba said that from the official wing nobody is opposed to the freedom of expression. “The Government has democratized Internet, so much that earlier it was a tool that had access the wealthy sectors, now in the schools there is Internet”, he said.
For his part, the organization Journalist for the Truth showed today the need that exists in the country of giving a serious debate on this matter. Marcos Hernández, representative of the group, expressed that badly it can the regulation of a way turns with the censoring. He emphasized that not only in Venezuela one is thinking about this type of mechanism that should allow to the citizens to live in coexistence.
Hernández said that nobody has raised the topic of determining neither the private freedoms nor the twitter handling. “East is the Government that there is masificado the use of the Internet in Venezuela”.
On March 16
The Universal one
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