There’s No Protection in Cyberspace.
Ok, let’s face facts. The law is slow. Slow. Slow. Slow. The law has not caught up to the vast technological change over the last 20 years. This is fairly obvious when you hear what people in high places say about technology. However, the law (and exploitation of the law) is catching up. Blogger be aware and beware.
Dr. H is here to help.
The good news on this front is that on August 10 President Obama signed the “Speech Act,” protecting American journalists, publishers (both print and online) and bloggers from libel tourism. A good thing.
I am going to assume you are not stupid enough to threaten to kill President Obama, VP Biden in your blog. So don't be a dope like this guy. Don't threaten judges! Buh-bye!
And where there are judges, there are lawyers. And where there are lawyers, there are…well…let me not defame the entire profession. Let’s just say they are a smart bunch who can make you pay and pay and pay. For example you can be sued for re-posting articles without permission….even if someone else posts them in your comments section. Sometimes even if you add a link to an article! The LV Sun is keeping tabs on the lawsuits.
Oh...
...and if you are in Philly you might want to move to NJ because the City of Brotherly Shove wants $300 for your business license. Yes. $300 to blog. As a Jerseyite - and a Mets fan - I have no problem hating on Philly. Thanks for making my job easier!
Last but not least:
You are not considered a journalist. So watch yourself. You don’t want to find yourself on the wrong end of a defamation case. Anonymity is no protection either.
So here are the basics on defamation:
Some categories of false statements are so innately harmful that they are considered to be defamatory per se. In the common law tradition, damages for such false statements are presumed and do not have to be proven. "Statements are defamatory per se where they falsely impute to the plaintiff one or more of the following things":
Allegations or imputations injurious to another in their trade, business, or profession. So don’t call a plumber you did not like "a delirious unscrupulous drunkard."
Allegations or imputations of having a loathsome disease (historically leprosy and sexually transmitted disease, now also including mental illness). So calling the professor who gave you a bad grade “a herpes infested retard” is a no-no.
Allegations or imputations of unchastity (usually only in unmarried people and sometimes only in women): See previous, but make it “herpes infested retarded whore.”
Allegations or imputations of criminal activity (sometimes only crimes of moral turpitude). So calling your Congressman a thief or a crook or a swindler fits here.
Of course if your professor is one and your Congressman does, then by all means tell the world, but you must make sure you can back that up with facts and evidence. If you cannot, a lawsuit will be coming your way. Sure, it is hard for anyone to actually win a defamation suit against you, but that might not be the point. They just might want to get your money and shit you down.
That is all.
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