Because most bloggers didn't have the benefit of a media-law class before taking up publishing:

• If more than two people see it;
• If it contains false information about someone;
• If that false information is defamatory, i.e., it hurts someone's reputation or standing;

... then it's libel.

In the U.S., libel is a civil offense, not a criminal infraction. That means damages awarded to the successful plaintiff, not jail time for the offender.

The original publisher of the libel is liable for damages. Anyone who forwards the libel or republishes it can also be liable for damages.

Damages can be diminished, but not eliminated, by a prompt and public retraction of the libel.

The perfect defense for libel is truth. If you can prove that what you published is true, you are off the hook. That doesn't mean you can't be sued by someone who thinks you've libeled him and can afford a lawyer to go after you; it just means you will win in the courtroom, provided your own attorney is even modestly talented.

Libel can be words, pictures, cartoons, etc.; anything printed or electronically transmitted.

The preceding is not legal advice, etc., etc.

Posted by: Michael Rittenhouse at 08:02 PM | No Comments | Add Comment
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