Bloggers beware.

[Bassn Blvd]

Blogger beware: Postings can lead to lawsuits

A false sense of Internet security can mean legal quagmires for critics who are careless about facts.

By David G. Savage, Tribune Washington Bureau

August 23, 2010

Reporting from Washington

The Internet has allowed tens of millions of Americans to be published writers. But it also has led to a surge in lawsuits from those who say they were hurt, defamed or threatened by what they read, according to groups that track media lawsuits.

"It was probably inevitable, but we have seen a steady growth in litigation over content on the Internet," said Sandra Baron, executive director of the Media Law Resource Center in New York.

Although bloggers may have a free-speech right to say what they want online, courts have found that they are not protected from being sued for their comments, even if they are posted anonymously.

Some postings have even led to criminal charges.

Hal Turner, a right-wing blogger from New Jersey, faces up to 10 years in prison for posting a comment that three Chicago judges "deserve to be killed" for having rejected a 2nd Amendment challenge to the city's handgun ban in 2009. Turner, who also ran his own Web-based radio show, thought it "was political trash talk," his lawyer said. But this month a jury in Brooklyn, N.Y., convicted him of threatening the lives of the judges on the U.S. 7th Circuit Court of Appeals.

In western Pennsylvania, a judge recently ruled a community website must identify the Internet address of individuals who posted comments calling a township official a "jerk" who put money from the taxpayers in "his pocket." The official also owned a used car dealership, and one commenter called his cars "junk." The official sued for defamation, saying the comments were false and damaged his reputation.

In April, a North Carolina county official won a similar ruling after some anonymous bloggers on a local website called him a slumlord.

"Most people have no idea of the liability they face when they publish something online," said Eric Goldman, who teaches Internet law at Santa Clara University. "A whole new generation can publish now, but they don't understand the legal dangers they could face. People are shocked to learn they can be sued for posting something that says, 'My dentist stinks.' "

Under federal law, websites generally are not liable for comments posted by outsiders. They can, however, be forced to reveal the poster's identity if the post includes false information presented as fact.

Calling someone a "jerk" and a "buffoon" may be safe from a lawsuit because it states an opinion. Saying he wrongly "pocketed" public money could lead to a defamation claim because it asserts something as a fact.

"A lot of people don't know how easy it is to track them down" once a lawsuit is filed, said Sara J. Rose, an American Civil Liberties Union lawyer in Pittsburgh.

The Supreme Court has said that the 1st Amendment's protection for the freedom of speech includes the right to publish "anonymous" pamphlets. But recently, judges have been saying that online speakers do not always have a right to remain anonymous.

Last month, the U.S. 9th Circuit Court of Appeals upheld a Nevada judge's order requiring the disclosure of the identity of three people accused of conducting an "Internet smear campaign via anonymous postings" against Quixtar, the successor to the well-known Amway Corp.

"The right to speak, whether anonymously or otherwise, is not unlimited," wrote Judge Margaret McKeown.

Quixtar had sued, contending the postings were damaging to its business. The judge who first ordered the disclosure said the Internet had "great potential for irresponsible, malicious and harmful communication." Moreover, the "speed and power of Internet technology makes it difficult for the truth to 'catch up to the lie,' " he wrote.

Media law experts say lawsuits over Internet postings are hard to track because many of them arise from local disputes. They rarely result in large verdicts or lengthy appeals to high courts.

Goldman, the Santa Clara professor, describes these cases as the "thin-skinned plaintiff versus the griper." They begin with someone who goes online to complain, perhaps about a restaurant, a contractor, a store, a former boss or a public official. Sometimes, one person's complaint prompts others to vent with even sharper, harsher complaints.

"There's a false sense of safety on the Internet," said Kimberley Isbell, a lawyer for the Citizen Media Law Project at Harvard University. "If you think you can be anonymous, you may not exercise the same judgment" before posting a comment, she said.

Not surprisingly, the target of the online complaints may think he or she has no choice but to take legal action if the comments are false and malicious.

"These can be life-changing lawsuits. They can go on for years and cost enormous amounts in legal fees," Goldman said.

He is particularly concerned about teenagers and what they post online. "Teenagers do what you might expect. They say things they shouldn't say. They do stupid things," he said. "We don't have a legal standard for defamation that excuses kids."

Media law experts repeat the advice that bloggers and e-mailers need to think twice before sending a message.

"The first thing people need to realize, they can be held accountable for what they say online," Baron said. "Before you speak ill of anyone online, you should think hard before pressing the 'send' button."

david.savage@latimes.com

Copyright © 2010, Los Angeles Times

[BASSclary]

wow  i could make comments to this but i'm afraid I might get sued  :-X

[Stasher1]

Simple solution...start every post with the words " In my opinion..."  ;D

[BASSclary]

Simple solution...start every post with the words " In my opinion..." ;D

"In my opinion", I now will ;D LOL

[firefightn15]

Good find BB  8-)

[Captain Obvious]

"In my Opinion"

Their taking away freedom of the press. In other words you can say what you want as long as you don't tick off the wrong people.

I've read a lot worse out of newspapers with writers who had their name at the top of the page yet no one gets mad at them.

Sports media people better watch out because if this is true you better be careful when you tweet something bad about a player.

You also notice that all the people getting mad are public officials who are getting their names called out.

I'm not saying that bad mouthing someone in public is a good thing.

Like I said this is just "My Opinion"

[K_Mac]

Good find BB 8-)

It brings up many issues that need to be thought and talked about.

IMO I do not believe I have the right to trash anyone in public, if what is being said is not true. I also believe that if I make false accusations about an individual or company I should be accountable.

[VolFan]

Freedom of the press is fine and a necessary thing, but with that freedom usually comes the burden of accuracy.  If these bloggers and gossip types want to be treated as classic press, they bear that burden.  I usually have no problem with freedom of the press (except when it puts someone in danger), but there is no need to start or extend unfounded rumint. Just my opinion.

[Root beer]

Two guys I know are starting a political and economic blog and asked me to do an economic piece from time to time. I'll start all of my post "in my opinion."  ;D ;D

You guys ever heard of a place called Topix.com? If you type in your zip code and if it anything like my town there all kinds of slander and defamation. I haven't been to my local Topix.com forum, but there plenty of it to be found.

[Lund Explorer]

Two guys I know are starting a political and economic blog and asked me to do an economic piece from time to time. I'll start all of my post "in my opinion." ;D ;D

You guys ever heard of a place called Topix.com? If you type in your zip code and if it anything like my town there all kinds of slander and defamation. I haven't been to my local Topix.com forum, but there plenty of it to be found.

LMAO!!!

My first exposure to Internet forums was with Topix in Grand Rapids MI.  It started out as a way for visitors of a couple of the local TV news stations to allow them to comment on news stories.  While they did have moderators, they weren't like we have here.  It wasn't too long before both stations switched to other venues, with A LOT more control over content.

When I first found this forum, I spent a few weeks studying the various threads before deciding to sign up.  If this is the only place someone has been involved with, you just don't know how bad it can get when a person thinks they have complete anonymity behind their keyboard.

Of course I should add that this is just my opinion.

[done]

Good find BB 8-)

It brings up many issues that need to be thought and talked about.

IMO I do not believe I have the right to trash anyone in public, if what is being said is not true. I also believe that if I make false accusations about an individual or company I should be accountable.

Definitely. People slander the crud out of folks online. Whats worse, unlike those who go do it by word of mouth, their slander gets a global audience instantly.

If it is accurate information, then hey that is a great thing. However, when someone expresses their opinion as a fact and is tearing up someones ability to make a living, well, then the had better be prepared for some fallout.

i had a similar thing happen with a local real estate company. I posted an opinion, was very clear in my posting what parts of my post were factual and what were opinion. Their attorney got nowhere quick and I nearly got to sue them for their actions. You need to be very careful on what you post online and how you word it if you are going to call someone out.

[South FLA]

Its always been around, the internet has just made it a more expansive forum to bring libel, slander, and defamation lawsuits.

Required reading:

http://www.enotes.com/everyday-law-encyclopedia/libel-and-slander