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	<title>Comments on: Digital Citizens told: Freedom of tweet? You never had it</title>
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	<link>http://mumbrella.com.au/digital-citizens-told-freedom-of-tweet-you-never-had-it-20115</link>
	<description>Everything under Australia’s media and marketing umbrella</description>
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		<title>By: DIDOMAN</title>
		<link>http://mumbrella.com.au/digital-citizens-told-freedom-of-tweet-you-never-had-it-20115#comment-33339</link>
		<dc:creator>DIDOMAN</dc:creator>
		<pubDate>Tue, 16 Mar 2010 00:14:49 +0000</pubDate>
		<guid isPermaLink="false">http://mumbrella.com.au/?p=20115#comment-33339</guid>
		<description>Problem with Twitter is anybody can see your history of tweets, so if you bag the boss or your job, then it&#039;s still visable, that&#039;s why I tell my friends on Facebook that by boss is a c... I dont have him as a friend, but then there are ways around this too.

I use Twitter to promote my site and meet like minded people. Looked like a good event this Digital Citezens thing, spewing I missed it. 

When is the next one held?</description>
		<content:encoded><![CDATA[<p>Problem with Twitter is anybody can see your history of tweets, so if you bag the boss or your job, then it&#8217;s still visable, that&#8217;s why I tell my friends on Facebook that by boss is a c&#8230; I dont have him as a friend, but then there are ways around this too.</p>
<p>I use Twitter to promote my site and meet like minded people. Looked like a good event this Digital Citezens thing, spewing I missed it. </p>
<p>When is the next one held?</p>
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		<title>By: Defamation Expert</title>
		<link>http://mumbrella.com.au/digital-citizens-told-freedom-of-tweet-you-never-had-it-20115#comment-33069</link>
		<dc:creator>Defamation Expert</dc:creator>
		<pubDate>Sat, 13 Mar 2010 02:18:26 +0000</pubDate>
		<guid isPermaLink="false">http://mumbrella.com.au/?p=20115#comment-33069</guid>
		<description>Defamation is defamation. Whether it&#039;s published online, via private email, text message or even spoken (albeit harder to prove).

The reason these laws exist is not to impinge on free speech - it&#039;s to protect the rights of individuals and corporations from being defamed. It&#039;s to stop bullies and liars from dragging people through the mud.

If I were to make a comment about an ex employee that wasn&#039;t true, and they can prove the nature of that comment affected their livelihood and emotional well being, that employee is entitled to sue both my organisation and myself personally.

If I were to make a comment about an ex client that wasn&#039;t true, the same rule applies.

If I were to make a defaming comment right here on a blog, my IP would be tracked to a VPN and the necessary criminal and or civil charges would result.

Cyber bullying and rumour mongering is still bullying and rumour mongering, and there are reasons there are laws to protect it – they have nothing to do with freedom of speech.

What people are talking about here, is abuse of peoples and corporations rights to exist without being harassed or shat-upon by jaded, bitter, individuals or corporations.


Hope that&#039;s cleared it up for you.</description>
		<content:encoded><![CDATA[<p>Defamation is defamation. Whether it&#8217;s published online, via private email, text message or even spoken (albeit harder to prove).</p>
<p>The reason these laws exist is not to impinge on free speech &#8211; it&#8217;s to protect the rights of individuals and corporations from being defamed. It&#8217;s to stop bullies and liars from dragging people through the mud.</p>
<p>If I were to make a comment about an ex employee that wasn&#8217;t true, and they can prove the nature of that comment affected their livelihood and emotional well being, that employee is entitled to sue both my organisation and myself personally.</p>
<p>If I were to make a comment about an ex client that wasn&#8217;t true, the same rule applies.</p>
<p>If I were to make a defaming comment right here on a blog, my IP would be tracked to a VPN and the necessary criminal and or civil charges would result.</p>
<p>Cyber bullying and rumour mongering is still bullying and rumour mongering, and there are reasons there are laws to protect it – they have nothing to do with freedom of speech.</p>
<p>What people are talking about here, is abuse of peoples and corporations rights to exist without being harassed or shat-upon by jaded, bitter, individuals or corporations.</p>
<p>Hope that&#8217;s cleared it up for you.</p>
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		<title>By: Gavin</title>
		<link>http://mumbrella.com.au/digital-citizens-told-freedom-of-tweet-you-never-had-it-20115#comment-32916</link>
		<dc:creator>Gavin</dc:creator>
		<pubDate>Thu, 11 Mar 2010 05:26:49 +0000</pubDate>
		<guid isPermaLink="false">http://mumbrella.com.au/?p=20115#comment-32916</guid>
		<description>Dear anon1

How do you mean &#039;permanently. forever&#039;

Try searching for tweets from 2 years ago for me, bet you find some, but not many

Gavin</description>
		<content:encoded><![CDATA[<p>Dear anon1</p>
<p>How do you mean &#8216;permanently. forever&#8217;</p>
<p>Try searching for tweets from 2 years ago for me, bet you find some, but not many</p>
<p>Gavin</p>
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		<title>By: anon1</title>
		<link>http://mumbrella.com.au/digital-citizens-told-freedom-of-tweet-you-never-had-it-20115#comment-32907</link>
		<dc:creator>anon1</dc:creator>
		<pubDate>Thu, 11 Mar 2010 04:53:42 +0000</pubDate>
		<guid isPermaLink="false">http://mumbrella.com.au/?p=20115#comment-32907</guid>
		<description>I wonder if there is a pattern here, where people who have worked as actual journalists appear to have a better grasp of the significance of Twitter than PR people?

Journalists understand what publishing is, and the responsibility that (should) go with it.  That when it goes to air/hits the press/makes the airwaves, it is out and public and impossible to erase or retract.

Whereas those that have never worked in this field (which includes many business and PR professionals) don&#039;t appear to comprehend the significance of Twitter as a medium.

If it&#039;s out, it&#039;s out.  And by god, if it&#039;s Twittered, and thence picked up by Google, it is OUT.  Permanently.  Forever.</description>
		<content:encoded><![CDATA[<p>I wonder if there is a pattern here, where people who have worked as actual journalists appear to have a better grasp of the significance of Twitter than PR people?</p>
<p>Journalists understand what publishing is, and the responsibility that (should) go with it.  That when it goes to air/hits the press/makes the airwaves, it is out and public and impossible to erase or retract.</p>
<p>Whereas those that have never worked in this field (which includes many business and PR professionals) don&#8217;t appear to comprehend the significance of Twitter as a medium.</p>
<p>If it&#8217;s out, it&#8217;s out.  And by god, if it&#8217;s Twittered, and thence picked up by Google, it is OUT.  Permanently.  Forever.</p>
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		<title>By: franksting</title>
		<link>http://mumbrella.com.au/digital-citizens-told-freedom-of-tweet-you-never-had-it-20115#comment-32866</link>
		<dc:creator>franksting</dc:creator>
		<pubDate>Wed, 10 Mar 2010 10:24:24 +0000</pubDate>
		<guid isPermaLink="false">http://mumbrella.com.au/?p=20115#comment-32866</guid>
		<description>he wears nice shoes though, sorry to hear they got scuffed. Not unsurprising considering the location of said scuffing, these things happen when you visit lower class establishments</description>
		<content:encoded><![CDATA[<p>he wears nice shoes though, sorry to hear they got scuffed. Not unsurprising considering the location of said scuffing, these things happen when you visit lower class establishments</p>
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		<title>By: Damian Damjanovski</title>
		<link>http://mumbrella.com.au/digital-citizens-told-freedom-of-tweet-you-never-had-it-20115#comment-32864</link>
		<dc:creator>Damian Damjanovski</dc:creator>
		<pubDate>Wed, 10 Mar 2010 10:13:50 +0000</pubDate>
		<guid isPermaLink="false">http://mumbrella.com.au/?p=20115#comment-32864</guid>
		<description>Indeed, his douchebaggery is an inspiration for many.</description>
		<content:encoded><![CDATA[<p>Indeed, his douchebaggery is an inspiration for many.</p>
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		<title>By: Joel</title>
		<link>http://mumbrella.com.au/digital-citizens-told-freedom-of-tweet-you-never-had-it-20115#comment-32851</link>
		<dc:creator>Joel</dc:creator>
		<pubDate>Wed, 10 Mar 2010 07:09:25 +0000</pubDate>
		<guid isPermaLink="false">http://mumbrella.com.au/?p=20115#comment-32851</guid>
		<description>I&#039;ve heard the same about that Damian guy... 

He is a frequent source of inspiration on http://Facebook.com/WordsDouchebagsSay</description>
		<content:encoded><![CDATA[<p>I&#8217;ve heard the same about that Damian guy&#8230; </p>
<p>He is a frequent source of inspiration on <a href="http://Facebook.com/WordsDouchebagsSay" rel="nofollow">http://Facebook.com/WordsDouchebagsSay</a></p>
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		<title>By: Damian Damjanovski</title>
		<link>http://mumbrella.com.au/digital-citizens-told-freedom-of-tweet-you-never-had-it-20115#comment-32850</link>
		<dc:creator>Damian Damjanovski</dc:creator>
		<pubDate>Wed, 10 Mar 2010 06:48:11 +0000</pubDate>
		<guid isPermaLink="false">http://mumbrella.com.au/?p=20115#comment-32850</guid>
		<description>I heard that Damian guy is a bit of a douchebag.</description>
		<content:encoded><![CDATA[<p>I heard that Damian guy is a bit of a douchebag.</p>
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		<title>By: barry</title>
		<link>http://mumbrella.com.au/digital-citizens-told-freedom-of-tweet-you-never-had-it-20115#comment-32848</link>
		<dc:creator>barry</dc:creator>
		<pubDate>Wed, 10 Mar 2010 06:35:06 +0000</pubDate>
		<guid isPermaLink="false">http://mumbrella.com.au/?p=20115#comment-32848</guid>
		<description>&gt;&gt;You do have the right to free speech, and others have the right to terminate your employment 

Again, that&#039;s not an absolute, and there are legitimate defences. The QUT case above illuminates some of the complexities in firing someone for something they say in public.</description>
		<content:encoded><![CDATA[<p>&gt;&gt;You do have the right to free speech, and others have the right to terminate your employment </p>
<p>Again, that&#8217;s not an absolute, and there are legitimate defences. The QUT case above illuminates some of the complexities in firing someone for something they say in public.</p>
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		<title>By: Glen Frost</title>
		<link>http://mumbrella.com.au/digital-citizens-told-freedom-of-tweet-you-never-had-it-20115#comment-32847</link>
		<dc:creator>Glen Frost</dc:creator>
		<pubDate>Wed, 10 Mar 2010 06:24:09 +0000</pubDate>
		<guid isPermaLink="false">http://mumbrella.com.au/?p=20115#comment-32847</guid>
		<description>You do have the right to free speech, and others have the right to terminate your employment :-)</description>
		<content:encoded><![CDATA[<p>You do have the right to free speech, and others have the right to terminate your employment <img src='http://mumbrella.com.au/wp-includes/images/smilies/icon_smile.gif' alt=':-)' class='wp-smiley' /> </p>
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		<title>By: Kristian</title>
		<link>http://mumbrella.com.au/digital-citizens-told-freedom-of-tweet-you-never-had-it-20115#comment-32840</link>
		<dc:creator>Kristian</dc:creator>
		<pubDate>Wed, 10 Mar 2010 05:22:23 +0000</pubDate>
		<guid isPermaLink="false">http://mumbrella.com.au/?p=20115#comment-32840</guid>
		<description>@Sven I suspect that there are indeed people besides the two you&#039;ve mentioned that have significant experience of the post-university world. Though I&#039;m not entirely sure why this is relevant.

North said: “What you say about Telstra around the dinner table is one thing. But what you say on Twitter is a different thing.”

In response to the suggestion that this reduced the right to freedom of speech, North said: ‘You never had that right. You had the right of private conversation.”

I&#039;m not sure what it means to say that he wasn&#039;t being literal in this sense? As far as I can tell the suggestion is that we never had the right to publicly (negatively) comment on our employer - which is not only legally untrue, but contradicts the foundations of the liberal democracy that we live in. On what grounds should someone like Fergus Kibble (in the Telstra directory dumping case) be denied the right to raise issues with particular practices? Why should he be punished for opening up reasonable discussion on the issue, or even just offering an opinion?</description>
		<content:encoded><![CDATA[<p>@Sven I suspect that there are indeed people besides the two you&#8217;ve mentioned that have significant experience of the post-university world. Though I&#8217;m not entirely sure why this is relevant.</p>
<p>North said: “What you say about Telstra around the dinner table is one thing. But what you say on Twitter is a different thing.”</p>
<p>In response to the suggestion that this reduced the right to freedom of speech, North said: ‘You never had that right. You had the right of private conversation.”</p>
<p>I&#8217;m not sure what it means to say that he wasn&#8217;t being literal in this sense? As far as I can tell the suggestion is that we never had the right to publicly (negatively) comment on our employer &#8211; which is not only legally untrue, but contradicts the foundations of the liberal democracy that we live in. On what grounds should someone like Fergus Kibble (in the Telstra directory dumping case) be denied the right to raise issues with particular practices? Why should he be punished for opening up reasonable discussion on the issue, or even just offering an opinion?</p>
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		<title>By: barry</title>
		<link>http://mumbrella.com.au/digital-citizens-told-freedom-of-tweet-you-never-had-it-20115#comment-32828</link>
		<dc:creator>barry</dc:creator>
		<pubDate>Wed, 10 Mar 2010 04:30:11 +0000</pubDate>
		<guid isPermaLink="false">http://mumbrella.com.au/?p=20115#comment-32828</guid>
		<description>&gt;&gt;However Damjanovski argued: “A lot of people out there use it as a personal communications method. There are lots of people with no more than 70 followers . When did we get to the point that this is suddenly publishing and should be treated as such?

I&#039;m not a lawyer, but as i recall the standard for what constitutes publishing in the context of defamation was simply that it was written for at least one other person. So writing a personal letter constituted publication, in that regard.

As for the freedom of speech issue, that&#039;s something that can depend on your conditions of employment. This is an interesting example:
http://www.theaustralian.com.au/news/disabled-barb-may-trigger-test-case/story-0-1111114145222</description>
		<content:encoded><![CDATA[<p>&gt;&gt;However Damjanovski argued: “A lot of people out there use it as a personal communications method. There are lots of people with no more than 70 followers . When did we get to the point that this is suddenly publishing and should be treated as such?</p>
<p>I&#8217;m not a lawyer, but as i recall the standard for what constitutes publishing in the context of defamation was simply that it was written for at least one other person. So writing a personal letter constituted publication, in that regard.</p>
<p>As for the freedom of speech issue, that&#8217;s something that can depend on your conditions of employment. This is an interesting example:<br />
<a href="http://www.theaustralian.com.au/news/disabled-barb-may-trigger-test-case/story-0-1111114145222" rel="nofollow">http://www.theaustralian.com.a.....1114145222</a></p>
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		<title>By: sven</title>
		<link>http://mumbrella.com.au/digital-citizens-told-freedom-of-tweet-you-never-had-it-20115#comment-32820</link>
		<dc:creator>sven</dc:creator>
		<pubDate>Wed, 10 Mar 2010 04:14:07 +0000</pubDate>
		<guid isPermaLink="false">http://mumbrella.com.au/?p=20115#comment-32820</guid>
		<description>dear me
does anyone other than Sam North and Peter Adams have significant experience in the post-university world?
They are the only ones talking any sense on this topic
this issue has zero to do with freedom of speech - North was not being literal.
nor is it about applying the law of defamation to corporations (let alone &#039;subjectivising&#039; them!)
the law does not need to &#039;adapt&#039; to twitter!

As Peter said, this is basic commonsense - you wouldn&#039;t appear on TV slagging your employer because it might affect your pay and promotion prospects, right?  

&quot;debates&quot; like this simply confirm to me that &#039;social media&#039; has no chance of surviving as an independent marketing/comms discipline unless its adherents pull their heads out of their bums and realise that it is a communications tool, not some new societal paradigm</description>
		<content:encoded><![CDATA[<p>dear me<br />
does anyone other than Sam North and Peter Adams have significant experience in the post-university world?<br />
They are the only ones talking any sense on this topic<br />
this issue has zero to do with freedom of speech &#8211; North was not being literal.<br />
nor is it about applying the law of defamation to corporations (let alone &#8216;subjectivising&#8217; them!)<br />
the law does not need to &#8216;adapt&#8217; to twitter!</p>
<p>As Peter said, this is basic commonsense &#8211; you wouldn&#8217;t appear on TV slagging your employer because it might affect your pay and promotion prospects, right?  </p>
<p>&#8220;debates&#8221; like this simply confirm to me that &#8216;social media&#8217; has no chance of surviving as an independent marketing/comms discipline unless its adherents pull their heads out of their bums and realise that it is a communications tool, not some new societal paradigm</p>
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		<title>By: Kristian</title>
		<link>http://mumbrella.com.au/digital-citizens-told-freedom-of-tweet-you-never-had-it-20115#comment-32796</link>
		<dc:creator>Kristian</dc:creator>
		<pubDate>Wed, 10 Mar 2010 02:37:44 +0000</pubDate>
		<guid isPermaLink="false">http://mumbrella.com.au/?p=20115#comment-32796</guid>
		<description>I think the question being asks by North and others is fundamentally wrong. We should not be asking individuals to positively prove their right to freedom of speech in certain situations. We should install universal freedom of speech as a basic right, and work from there.

Thus real question ought to be something like:

&quot;Under what circumstances should employers/clients - as corporate bodies (not individuals) be permitted to infringe on the freedom of speech that is recognised as a natural right of people in a liberal democracy?&quot;

Reasons we might restrict freedom of speech generally revolve around harm that it can cause natural persons (e.g incitement to violence against particular people), if we restrict freedom of speech on the same grounds, but because of harm caused to corporations, then we are essentially subjectivising corporations - saying that corporations can be harmed in precisely the same way people can (not generalised financial harm, but specific affective/physical harm). For some that might be okay, after all, some people think that corporations should have the vote. For me, and any socially progressive individual in a liberal democracy, this should be considered a disaster.</description>
		<content:encoded><![CDATA[<p>I think the question being asks by North and others is fundamentally wrong. We should not be asking individuals to positively prove their right to freedom of speech in certain situations. We should install universal freedom of speech as a basic right, and work from there.</p>
<p>Thus real question ought to be something like:</p>
<p>&#8220;Under what circumstances should employers/clients &#8211; as corporate bodies (not individuals) be permitted to infringe on the freedom of speech that is recognised as a natural right of people in a liberal democracy?&#8221;</p>
<p>Reasons we might restrict freedom of speech generally revolve around harm that it can cause natural persons (e.g incitement to violence against particular people), if we restrict freedom of speech on the same grounds, but because of harm caused to corporations, then we are essentially subjectivising corporations &#8211; saying that corporations can be harmed in precisely the same way people can (not generalised financial harm, but specific affective/physical harm). For some that might be okay, after all, some people think that corporations should have the vote. For me, and any socially progressive individual in a liberal democracy, this should be considered a disaster.</p>
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		<title>By: Foursquare explodes in Sydney as first five city tweetup hits Australia - mUmBRELLA</title>
		<link>http://mumbrella.com.au/digital-citizens-told-freedom-of-tweet-you-never-had-it-20115#comment-32795</link>
		<dc:creator>Foursquare explodes in Sydney as first five city tweetup hits Australia - mUmBRELLA</dc:creator>
		<pubDate>Wed, 10 Mar 2010 02:35:58 +0000</pubDate>
		<guid isPermaLink="false">http://mumbrella.com.au/?p=20115#comment-32795</guid>
		<description>[...] where more than 50 Foursquare users check in at the same venue simultaneously &#8211; took place at last night&#8217;s first meeting of Digital Citizens in [...]</description>
		<content:encoded><![CDATA[<p>[...] where more than 50 Foursquare users check in at the same venue simultaneously &#8211; took place at last night&#8217;s first meeting of Digital Citizens in [...]</p>
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