Only 6% of internet users in Scotland are clear on their legal rights and responsibilities when posting comment online, according to new research from DLA Piper. 

Most internet users in Scotland are unsure about their legal liabilities with over three quarters (81%) uncertain or unaware of where the law stands.

The research, conducted by YouGov, revealed that people north of the border were unsure about the role of the law in relation to blogging and user generated content (UGC).  Just over a third (36%) of regular internet users in Scotland have read the legal terms and conditions, disclaimers and guidelines for posting comment on the internet forums they use.  This is despite the fact that one in seven (12%) Scottish users have had their comments removed or taken down in the past.

Not only are users unaware of their actual legal risks online, they remain to be convinced that they even should be liable for the comments they make.  Just over half (51%) of internet users in Scotland think bloggers should be held to the same legal standards as journalists when publishing opinions, but of those who actually blog themselves throughout the UK only a quarter (27%) believe they should be subjected to the same rules.  Scottish internet users are equally ambivalent on a potential voluntary code of conduct for bloggers and online commentators. Nearly half (48%) agree that a code should be established, 10% are unsure and only 6% are firmly opposed. Opinion is even divided amongst UK blogging community itself, with over a third (34%) directly opposed to a code of conduct, but about the same number (32%) in support of it.

John McKinlay, Partner, Technology Media and Commercial team, DLA Piper Scotland commented: "The combination of confusion and complacency about the relationship between the law and user generated content puts users at risk as they come under increasing scrutiny online. Blogs and online forums may differ from traditional media in their style and purpose, but their content is still publicly consumed and they have the same potential to cause damage and infringe others¢ rights. Far from being immune from the law, this content is in particular danger of falling foul of it."

"Many people are aware of the need for care when using the internet at work and they have become more aware of online privacy issues, however, this research shows that when it comes to posting comment online, clearer guidance is required. There is a big difference between censorship and protection – some have called for a code of conduct to provide guidance for bloggers and other users.  That won’t change the law and many bloggers may still say they'll "publish and be damned" - but they ought to be damned sure what the law says before they do."

The research also revealed the overall volume of people commenting online in the UK is rising – over half (54%) of respondents had posted some form of comment online, whether on a blog, message board or social networking site. 18-24 year olds are particularly active with the vast majority (84%) participating in some form of UGC.

The importance of individual responsibility in posting messages online was raised further last week following the conviction of a blogger in Flintshire, Wales, who posted offensive messages about a police officer’s new-born baby and wrote about his perceived mistreatment at the hands of the police and Crown Prosecution Service. He was prosecuted under the Telecommunications Act, relating to the sending of an electronic message.