Thu, Aug. 19, 2010

Protected Expression in Closed Online Forum

CK - Washington.   Without fear of disclosure to third parties, users of closed online mailing lists may express and form their opinion in forum exchanges. A German court decided in favor of a forum member whose critical comments a non-member had published and ridiculed outside of the forum.

The Stuttgart district court found in favor of an expectation of legitime privacy which it balanced against the third-party publisher's freedom of speech. The Telemedicus blog published the decision in the matter 17 O 341/09, of May 6, 2010. The court enjoined the publication on the internet of the protected email to the forum.


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