Something I’ve been talking about for awhile is how libel and slander lawsuits are going to make their way into the blogosphere. Many bloggers believe that just because they have a forum, they can say anything they want about anybody. Well, they’re wrong – and many of them are going to learn the hard way when they get hit with lawsuits. Mathew Ingram covers the emerging problem in the Globe & Mail, citing a few cases in Canada that have popped up in recent months. It really is a must-read for anyone who bloggers with a strong voice.
Just to be clear, here’s one definition of libel:
An untruthful statement about a person, published in writing or through broadcast media, that injures the person’s reputation or standing in the community. Because libel is a tort (a civil wrong), the injured person can bring a lawsuit against the person who made the false statement. Libel is a form of defamation , as is slander (an untruthful statement that is spoken, but not published in writing or broadcast through the media).
and here’s a defamation of slander.
A type of defamation. Slander is an untruthful oral (spoken) statement about a person that harms the person’s reputation or standing in the community. Because slander is a tort (a civil wrong), the injured person can bring a lawsuit against the person who made the false statement. If the statement is made via broadcast media — for example, over the radio or on TV — it is considered libel, rather than slander, because the statement has the potential to reach a very wide audience.
Personally, I think the blosphere has been fairly libel and slander-free so far because the medium is just starting to emerge, and everyone’s trying to figure out the rules of conduct. But I think this will change quickly has blogs have more influence and bloggers gain more prominence and profile. Don’t say I didn’t warn you.
One Comment
You are correct in your assessment, but also be aware that if bloggers do state factual data, they can’t be libel since the statement is truthful. So far bloggers have been very good about giving factual reasons as to why they think what they think. I am not saying everyone does, but a majority do and even some of the more outspoken bloggers love to cite sources.