Aug 20

Linking outside…

Tag: WritingGrantus Maximus @ 4:59 am

There is no legal requirement for any website to obtain permission to link to another.

There have however been a number of court cases surround hyper linking on the internet. Particularly surrounding the practice of ‘deep linking’ (linking to a page on a site deeper than its homepage). Although it has been very rare that court found in favour of the plaintiff.

There are some legal issues relevant to linking which we should each consider before creating a link. These include:

  • intellectual property
  • misrepresentation
  • misleading or deceptive conduct under trade practice
  • defamation
  • endorsement or commercial advantage
  • results in commercial loss
  • circumventing acceptance of terms and conditions

Some companies may have internal policies requiring they request permission before linking. But the effort involved in this would quickly add up! I think that familiarity with potential issues, using common sense, and assessing any potential risks is adequate.

Please note: The above is only my personal opinion and understanding and does not constitute for legal advice. I’d recommend consulting with a lawyer in your jurisdiction for more accurate and better informed information.

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