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Defamation on the Internet – Be Careful What You Say, er, Write

Posted on June 25th, 2010 by Jena L. Borden

The internet is rapidly becoming society’s way of learning about current events and hot topics of the day. Newspapers are quickly becoming a thing of the past. Most newspapers now have websites on the internet.

Whenever I read a news article on the internet, I always scroll down to view the reader comments to the piece. Why? Because people seem to pull no punches when putting their opinions in writing. And I always think-if they were actually speaking the words for the world to see, would they have put it the same way? I venture to guess that most would not. People seem to feel much safer posting comments on the internet than they would be with verbalizing them in a public forum, for example, saying them on TV. There is anonymity to the process of posting web comments that leads people to be more lax in their choice of words. Some comments can be downright vitriolic.

But, the old rhyme that ends with “names will never hurt me” didn’t take into account the tort of defamation.

Defamation is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, or group a negative image. It is usually, but not always, a requirement that this claim be false and that the publication is communicated to someone other the party defamed. Although both require “publication”, slander is spoken defamation and libel is written.

What those who post comments on websites need to realize is that they can be held liable in a lawsuit for the statements they make.

Most news organizations are taking the position that under the First Amendment, which deals with freedom of speech and of the press, they are not required reveal the identity of the person posting the comment. However, some courts are forcing the news organizations to reveal the identities of parties who are accused of making defamatory statements. For example, an Illinois Appeals court just recently held that the identity of two website commenters must be disclosed by an Ottawa, IL newspaper. The comments involved allegations that a local couple bribed certain officials in order to obtain approval for a zoning request for a bed and breakfast addition. Once the identities are revealed, these parties will be facing a defamation lawsuit.

A good rule of thumb when posting on the internet is this: if you wouldn’t feel comfortable saying it in person, DO NOT put it in writing. We all must take ownership of our statements and what we publish for the world to see on the internet. And then be ready and able to deal with the consequences that typing those words may bring.

Please feel free to contact Jena Borden to discuss this or any other legal topic.