How to get away with libel on the internet.*

*Please don’t libel people.

It’s wrong & often illegal.

• A false & defamatory statement

• Published to third parties without privilege

• Negligence

• Presumed or actual damage

So what is libel?

• Schadenfreude

• Mistake

• Ignorance

• Boredom

Why libel?

• Section 230 Communications Decency Act

• Immunity for internet providers

• Nurtures free expression

On the internet

• 230 also protects those who repost libel

• Authors liable – not distributors

• Barrett v. Rosenthal

• SCOTUS not happy – encourage legislative review

Repost!

Reposting libel on the web:

it’s legal!

• Satire, opinion, reviews, hyperbole & editorials are OK.

• Example: Vogel v. Felice

Libel exceptions

HYPERBOLE:It’s the best thing ever created. Ever.

• Plaintiffs = public office candidates in California

• Defendant = website operator with list of “Top Ten Dumb Asses”

•Plaintiff #1 = “dead beat dad”

•Plaintiff #2 = “bankrupt, drunk & chewin’ tobaccy”

Vogel v. Felice

• Decision = no liability for defamation when calling someone a “dumb ass.”

• “A statement that [a person] is a ‘Dumb Ass,’ even the first among ‘Dumb Asses,’ communicates no factual proposition susceptible of proof or refutation.”

• CONCLUSION: There is no way to quantify if some is in fact a “dumb ass.”

Vogel v. Felice

It’s the truth if you believe it.

What is the truth?

It’s the truth if you believe it.

What is the truth?

• Actual malice

• Knowledge of falsity

• Reckless disregard for truth

• Burden on plaintiff

• Hard to prove

Famous people?

• Stay away from:

International issues

THE BRITS THE AUSSIES THE KIWIS

• No 230 protection

• Statute of limitation concerns

•Only 13% of defamation plaintiffs win

•Only 25% say they are after $$$

Like to gamble?

• More burden on plaintiff

• Must demonstrate ‘legal merit’

Stay anonymous

• JuicyCampus.com

• “Always Anonymous… Always Juicy…”

• Campuses trying to ban site

Internet resources

When TMZ is just “too

classy.”

• Try not to libel

• If you must, be careful

• Insurance policies for bloggers, etc.

• Stay current on legislation

• Be aware of privacy laws

In conclusion