DEFAMATION INCIDENT IMPACTS

LIVES OF ALL INVOLVED

DCO 20119 Case Study No.5

Chan Chi Hang (52641937)

Lung Kwok Fai Gary (52609740)

Chan Pui Ching Derek (52596741)

Li Wai Kei Ricky (52642018)

Case Someone posted defamation threads in

AutoAdmit – an online forum for law student Victim setup a lawsuit One of the defendant is Anthony Ciolli –

admin of AutoAdmit but he was dropped later

Anthony loss an offer from a law firm Anthony setup a lawsuit against the

defamation victim

Did the two law school students overreact in filing a lawsuit over these postings? Admin was urged to delete the harassment post but

nothing was done. Author of the post violate First Amendment of Right Posts do corrupt their reputation. There is need to take action

What sort of penalties should be levied against the anonymous posters? Defamation is a Civil procedure Public apologies compensation

Did Anthony Ciolli act ethically ? His response to the postings on AutoAdmit Apparent “damage control” actions with the

Boston law firm Filing a lawsuit against the two Yale Law

School students

His response to the postings on AutoAdmit

Anthony do not have permission to delete offensive content

He had complied with the Plaintiffs request but failed.

Ethical

Did Anthony Ciolli act ethically ? His response to the postings on AutoAdmit Apparent “damage control” actions with the

Boston law firm Filing a lawsuit against the two Yale Law

School students

Apparent “damage control” actions with the Boston law firm Anthony claim himself as Administrator But claim himself as Education Director to

the law firm (Without Permission to delete) Done nothing but resign Did not take any Responsibility Unethical

Did Anthony Ciolli act ethically ? His response to the postings on AutoAdmit Apparent “damage control” actions with the

Boston law firm Filing a lawsuit against the two Yale Law

School students

Filing a lawsuit against the two Yale Law School students Web Administrator is protected by law

(Communications Decency Act of 1996) Plaintiffs are studying in law school should

understand Anthony do get loss after the avoidable

lawsuit (i.e. the offer from the law firm)

Ethical

Do Boston law firm was right in revoking its job offer to Ciolli? After Boston law firm had learnt about the

AutoAdmit controversy, they immediately revoke its job offer to Ciolli on 11 April 2007.

Right or Wrong?

Right

From law firm point of view Ciolli act unethically as an administrator AutoAdmit that he didn’t react with the

harassment content correctly This is not the first time AutoAdmit was

found harassment posting Ensure all employee would be obey the

company policy as well as Code of Ethics

Wrong

There is a law that protects the administrator from the defamation content on the forum.

The lawsuit was not judged, Ciolli had no liability at that time.

“Freedom of Expression” in Hong Kong and Mainland China Lawsuit between HKGOLDEN and

Oriental Daily, Hong Kong (HCA2140/08) A defamation post was posted into the

Forum. Admin of HKGOLDEN was charged by

Oriental Daily. Finally, HKGOLDEN only need to response

for post that they didn’t deleted. Unethical?

Chinese Nobel prizewinner Liu Xiaobo Charter 08 is written by him Including different demands

Freedom of speechFreedom of religion

Talked about the freedom, universal value and equality.

Cyber bulling in HK

Human flesh search engine People who don’t like the target – expose

his / her personal information (e.g. Address, phone, education profile)

Internet User become a judge E.g. “Konggal wedding 500”

Conclusion

Web Administrator cannot control the content of its site

They do not have liability if they remove it efficiently.

Defamation include cyber bullying can cause huge damage to the victim.

We have Freedom of Speech but should obey First Amendment of Speech