Internet Freedom of Speech and Privacy Protection: Is There a Contradiction? (A Study of Rating Sites)

Abstract

While the Internet promotes widespread communication, this communication is often anonymous. How to draw the line between freedom of speech and privacy? The specifics of protecting privacy and business reputation against violation by rating sites are discussed in this article. Do the activities of rating sites need special legal regulation? The author believes that the general rules on privacy and freedom of speech are sufficient for regulating these new relations. The respective court practice of Germany, the UK and the USA is analysed. The tentative conclusion is that rating sites do not contradict the law if they do not disseminate information about the private lives of people or encourage rude and scornful assessments. The problem of using personal data is examined. The author holds the view that the activities of rating sites can be beneficial for society and therefore should not be banned entirely. However, site owners should be allowed to use personal data only upon the consent of the owners of the latter.