Traditionally, blogs functioned as online diaries, but they are now used in all manner of ways including providing topical commentary or news.

The attraction of blogging is that the author can create an online alter-ego. This new, online personality encourages the author to communicate more freely and, perhaps, say things that one wouldn’t say in the real world. But the same legal rules apply, and not respecting these rules, or failing to take steps to address them, can open up bloggers, website operators and employers to unwanted legal liability. So what are the legal risks?

Literary, musical and artistic works are protected by copyright laws. If you do not have permission to reproduce the work, you should not be using it as the copyright owner may be entitled to claim damages from you. There are certain limited exceptions where you may not need the permission of the copyright owner. In the context of blogging, the most relevant are use of a work for criticism or review or reporting current events. These exceptions are limited in scope so need to be used with care.

There are also rules which restrict the use of trade names, marks and brands. Again, permission should be sought from the brand owner unless you are certain that you are using the brand in a way that does not infringe the owner’s rights.

Libel laws apply equally to statements made on a website as they do to statements made in any other medium. A defamatory statement is one which tends to lower the claimant in the estimation of right-thinking members of society generally. A statement is not defamatory if the author can prove the truth of the statement. There are also limited defences available, such as fair comment.

With work forming such a major part of a person’s life, it is safe to assume that the subject of work and fellow employees will eventually surface in a blog. There have been many recent examples of employers running into trouble with employee bloggers.

There can be serious downsides to blogging for employers; negative publicity, interference with work and the disclosure of confidential information. It is difficult for employers to stop their employees blogging but employers are slowly realising that blogging needs to be addressed and regulated. The staff handbook or the IT and communications policy should include guidelines for blogging.

Alternatively, some employers are implementing specific blogging policies to set out parameters in which employees can refer to their work-life in their blogs. The disciplinary procedure for breach of these policies should also be clear. The introduction of new policies or changes to existing policies needs to be clearly communicated to staff.

If you are encouraging audience participation on your blog or website, then you do need to ensure that you operate an effective notice and takedown procedure. Make sure that users and contributors are aware of your policy on blogging and the actions that you will take if a user posts unlawful statements. For example, you may need to pass a blogger’s details to third parties in connection with legal proceedings.

If one looks at today’s teenagers (who will make up the workforce of tomorrow), it is clear that blogging is here to stay. As an employer with employees who might blog, make sure that your employees are clear about what they can or cannot say online.

Kolvin Stone is a senior associate specialising in IT and e-commerce at City of London law firm Fox Williams.