All the buzz about libel on the Internet got me thinking...do people really think they can say anything they want, without consequence just because they are on-line? And how literally should net neutrality be interpreted? In the case of libel, legislation is already developing and recent Internet libel cases are being decided based on basic libel law. For those of us working in the on-line media world, the next step is to determine if news gathering bloggers have First Amendment protection. 
Libel is written defamation or undue harm - either through negligence or malice (intent) - to a person's reputation. Very early in our mass media history, there was the establishment of truth and the First Amendment as defenses against a defamation charge.
Recently, TheAlphaMarketer brought to our attention a defamation case in Florida in which the plaintiff was awarded an exorbitant $11.3 million. Some might look at the award and be fearful that this will be the barometer for future cases. I would not be surprised though if the amount of the award was connected to the fact that the defendant in the case failed to appear in court. What we should pay keen attention to is the legal precedent the decision sets which is really in line with general libel law.
AdHurl pointed out yet another case in Texas that involved a MySpace page and a group of unruly teens who lashed out against a school administrator. While the second case has not been decided yet, the logical verdict would be for the students (or their respective guardians) to be held responsible.
Some might leap to the conclusion that the decisions in these cases could have an adverse effect citizen journalists (or blogging news gatherers) in the long run but I want to explain why it doesn't. Blogs are evolving into more than just "empty vessel into which people can — and do — pour whatever meaning suits them at the time..." (Robert Cox, President of Media Bloggers Association, quoted on FirstAmendmentCenter.org). Instead a blog media companies are on the rise and becoming a legitimate source of news, expert information, and resources.
This development and growth of blog media will eventually force the answer to the question: are bloggers journalists? If the answer is yes then those who have not already, should brush up on Mass Media law.
For now I will leave you with the five basic defenses to libel: truth, fair report (of the proceeding of legislative hearings, juducial proceedngs and grand jury deliberations), neutral report (quoting one public figure making a defamitory statement about another public figure), Opinion (this includes satire and hyperbole), and consent.
Libel is written defamation or undue harm - either through negligence or malice (intent) - to a person's reputation. Very early in our mass media history, there was the establishment of truth and the First Amendment as defenses against a defamation charge.
Recently, TheAlphaMarketer brought to our attention a defamation case in Florida in which the plaintiff was awarded an exorbitant $11.3 million. Some might look at the award and be fearful that this will be the barometer for future cases. I would not be surprised though if the amount of the award was connected to the fact that the defendant in the case failed to appear in court. What we should pay keen attention to is the legal precedent the decision sets which is really in line with general libel law.
AdHurl pointed out yet another case in Texas that involved a MySpace page and a group of unruly teens who lashed out against a school administrator. While the second case has not been decided yet, the logical verdict would be for the students (or their respective guardians) to be held responsible.
Some might leap to the conclusion that the decisions in these cases could have an adverse effect citizen journalists (or blogging news gatherers) in the long run but I want to explain why it doesn't. Blogs are evolving into more than just "empty vessel into which people can — and do — pour whatever meaning suits them at the time..." (Robert Cox, President of Media Bloggers Association, quoted on FirstAmendmentCenter.org). Instead a blog media companies are on the rise and becoming a legitimate source of news, expert information, and resources.
This development and growth of blog media will eventually force the answer to the question: are bloggers journalists? If the answer is yes then those who have not already, should brush up on Mass Media law.
For now I will leave you with the five basic defenses to libel: truth, fair report (of the proceeding of legislative hearings, juducial proceedngs and grand jury deliberations), neutral report (quoting one public figure making a defamitory statement about another public figure), Opinion (this includes satire and hyperbole), and consent.
Posted by: anthony nweso | October 27, 2007 3:43 AM | Permalink to Comment