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Forwarding a Link

  • 15-09-2015 2:02pm
    #1
    Brendan552004
    Registered Users, Registered Users 2 Posts: 168 ✭✭


    Is it an offense to forward a link to a video on YouTube which is subsequently
    removed because it was deemed to be defamatory. Not in this jurisdiction.
    Not the author of the video.


Comments

  • #2
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    Criminal Offence? No

    Republication - Dunno.


  • #3
    Carawaystick
    Registered Users, Registered Users 2 Posts: 8,779 ✭✭✭Carawaystick


    In a sane world, a url would be viewed as a reference to where an object is
    nothing more, nothing less.


  • #4
    Shep_Dog
    Closed Accounts Posts: 499 ✭✭Shep_Dog


    An offence: no. But it could give rise to a civil claim that you advertised, distributed or published or promoted something defamatory.


  • #5
    Victor
    Registered Users, Registered Users 2 Posts: 78,574 ✭✭✭✭Victor


    Shep_Dog wrote: »
    An offence: no. But it could give rise to a civil claim that you advertised, distributed or published or promoted something defamatory.

    Unless the person distributing the link is the creator of the material content at a link and assumign the link is published without a defamatory comment, it would be an exaggeration to say a youtube link (typically "https://www.youtube.com/watch?v=" and a randomised code) is either "distribut[ing] or publish[ing]" anymore than an ad for a newspaper is distributing or publishing a defamatory statement therein.

    Further, the test as to whether a link distributor is "advertis[ing] or promot[ing]" defamation would be much higher than the test for the creator of the material content.

    Nudge, nudge, wink, wink might not work with a judge.


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