Cyberlaw and Digital Journalism
Internet Commenting and Student-Run Media
- Student run publications can’t get sued for libelous comments posted by outside parties under the federal Communications Decency Act.
- If the website operator is registered with the federal copyright office, under the Digital Millennium Copyright Act, student publications can’t be held liable for copyright infringement if they take down infringing material posted by outside parties.
- Student journalists are not obligated to disclose the identity of an anonymous commenter without a court order.
- Some schools may have policies that prohibit posting photos and information of students on their websites without consent from the student or the students' parents. This can usually be avoided by having the student run news site hosted on a third-party server.
When using social media, student journalists and publications must follow the platform's terms and conditions. For private institutions, it's important for student's know the school's social media policy as many freedom of speech protections only apply at public institutions. Here is Simmons University's social media policy.
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Cybershield laws for student media
- Section 230 of the Communications Decency Act states that providers and users of interactive computer services are not liable for posting information provided by other sources.
- If student journalists re-write or edit content from outside sources, the court can say the student helped create the information .
-This applies to any “provider or user of an interactive computer service,” specifically including services provided by libraries and educational institutions. Courts have expanded their definition of “providers” to include websites and email lists, whether they are operated by large corporations or by individuals.
- According to the SPLC, it “protects only against certain types of legal claims, and it applies only to content provided by someone other than the person claiming immunity.” This immunity does not protect against claims with federal criminal statutes or intellectual property violations. It’s not applicable when challenging conduct outside of traditional editorial functions.
-To qualify for immunity, student media must prove the content at issue was created by an entity distinct from the publication.
Censorship
- According to the SPLC, “a publication, online or otherwise, is a public forum when students are given, with limited exceptions, the right to control content.”
- Acceptable Use Policy (AUP) or Internet Use Policy are regulations for student use of school computer networks.
- Public colleges are fully protected by the First Amendment. Private colleges do not have to follow the First Amendment.
- Private institutions can voluntarily grant free expression rights to students through written school policies. According to the SPLC, if a private institution adopts a disciplinary code or an AUP, it may be contractually bound by it in future disputes.
- Concerning off-campus publishing, public institutions students can't be punished for First Amendment speech posted while away from the school. Private institutions on the other hand, can restrict speech of their students whether on- or off-campus.
- Restrictions on websites are rarely allowed at public institutions, but restrictions vary concerning private institutions.
In 1987, the school-sponsored but student-written and -edited newspaper of Hazelwood East High School wanted to run two articles that the principal did not think was appropriate for the paper. He pulled the articles, and the question before the court was whether his deletion of the articles violated the student's First Amendment rights to free speech and a free press. The court decided that it did not violate their First Amendment rights. The court stated that schools have a right to restrict student speech granted they have a "valid educational purpose." This was a landmark decision for student journalism, and was the beginning of the widely accepted precedent of educational institutions having the right to restrict the speech of their students.