Can digital speech loosen the Gordian knot of reputation law?

Kirley, Elizabeth 2016, Can digital speech loosen the Gordian knot of reputation law?, Santa Clara computer and high technology law journal, vol. 32, no. 2, pp. 171-219.

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Title Can digital speech loosen the Gordian knot of reputation law?
Author(s) Kirley, ElizabethORCID iD for Kirley, Elizabeth
Journal name Santa Clara computer and high technology law journal
Volume number 32
Issue number 2
Start page 171
End page 219
Total pages 50
Publisher Santa Clara University, School of Law
Place of publication Santa Clara, Calif.
Publication date 2016
ISSN 0882-3383
Summary This paper likens the current state of reputation law to a Gordian knot, entangled in complexities and calling for novel thinking to make it relevant to our public and private lives. Its central thesis is that digital speech is ontologically different from offline speech and so calls for a more informed response to the harms it can inflict in order to determine whether legal or extra-legal mechanisms are most restorative. In spite of a wealth of international norms that address the value of personal reputation, they have had minimal influences on regional and domestic laws of the European Union and the United States, reflecting the deeply rooted cultural differences on each side of the Atlantic that shape laws of privacy and free speech. In conclusion, implications for future methods of addressing online reputational harm outside of traditional legal systems are discussed.
Language eng
Field of Research 1801 Law
Socio Economic Objective 0 Not Applicable
HERDC Research category C1.1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Copyright notice ©2016, Santa Clara University
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Document type: Journal Article
Collections: Law
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