The use of the Internet to access websites is increasingly a fact of everyday life. While there is no comprehensive piece of legislation in Bermuda governing the Internet and its contents, owning a website raises substantial practical and legal issues. Today, I will focus attention on some of the more important considerations.

The first stage in the development of any website is the registration of its domain name. In Bermuda, the domain name authority is the Government of Bermuda and the domain registration authority is the Registry General.

To qualify for a .bm domain you must be a company or organisation registered in Bermuda, have completed the Government request form, and provided on the letterhead of the company or organisation applying for the domain, a summary of the nature of the application for the domain and have provided an authorised signature.

Domain name registration is on a 'first come, first served', basis. In some instances an applicant may attempt to register a domain such as www.domain.bm only to find that another person has already registered that domain. Often, a domain name is registered with the intention of selling it on to the 'rightful owner' for a profit, a practice known as cybersquatting.

The applicant will have to pay the inflated price demanded by the cybersquatter for the domain they require or go through what could potentially be a complex dispute resolution process to prove the cybersquatter is infringing upon their goodwill and that the domain is being used in bad faith. The only other option would be to choose another domain name altogether.

Once the domain name has been registered the owner will display content that Internet users can access. Websites may contain text, images, links, streaming video and audio, interactive applications and many forms of downloadable content.

A website owner must be careful to ensure that the content on their website does not expose them to any liability. For example, they can limit their exposure to libel and defamation claims by ensuring that there are no statements published on their sites that may be seen as derogatory or unfavourable to other individuals and which could expose them to legal action.

Website owners should also ensure that there is nothing on the site that could be seen as a breach of confidentiality i.e. a leak of sensitive information. If the website owner allows users to make comments, or save items on their website in chatrooms or on message boards, they should be aware of the risk that a user may post a defamatory or confidential message on the site, which the owner may be held accountable for.

Copying content to a website without permission of the owner of the copyright, design right, trade mark or other intellectual rights in that content may also create legal problems for a website owner.

Copyright gives protection to the author of an original work (for example a literary, musical or artistic work, sound recording, film, or typographical arrangement amongst other things). In Bermuda, copyright automatically vests in the author upon creation of the original work. If the owner of a website wishes to place material protected by copyright on that website, or provide such material to users of that site, the website owner must ensure that the permission of the copyright owner has been obtained prior to making the material available. Otherwise, the website owner will have infringed on the author's copyright and may be sued as a result.

Where the website owner has authored content, or he is reproducing content with the permission of its owner, it is advisable to have a notice on the website prohibiting anyone else from using such material without the owner's permission.

Hypertext links, which link one website to another, are common. Ideally, should a website owner wish to link to another site, permission from the owner of that site should be sought in advance. This permission can be sought via a simple email or through a more formal agreement.

Where permission has not been sought, and the owner of the linked site objects to the hyperlink, the link should be removed immediately. In the future, data protection and privacy could also become important considerations for any website owner.

The Bermuda Government has previously announced that it is considering a data protection regime suitable for implementation in Bermuda.

Of course, anyone planning to set up a website is advised to take advice from a legal expert in the area in order to avoid some of the pitfalls that I have described.

Charles Everett is an attorney on the Telecommunications, Technology and Intellectual Property Team within the Corporate/Commercial Practice Group at Appleby. A copy of Mr. Everett's column can be found on the Appleby website at www.applebyglobal.com. This column should not be used as a substitute for professional legal advice. Before proceeding with any matters described herein, persons are advised to consult with a lawyer.