As social networks like twitter, facebook, and thousands of others plus internet blogs continue to increase in both recognition and use, the opportunities for slanderous and libelous actions increase proportionally. Defamation, sometimes called “defamation of character”, is spoken or written words that falsely and negatively reflect on a living person’s reputation. Slander is generally spoken defamation, while ‘libel’ is written. Many people confuse written information as slander, which is perfectly normal and ok.
Owners of blogs are usually immune from liability for defamatory statements posted on their websites, as long as they did not have a say in the actual posting. In 2003, the Ninth Circuit Court of Appeals ruled that a listserv moderator and operator of a website which allegedly published defamatory statements provided by a third party were eligible for immunity under the Communications Decency Act (CDA). Batzel v. Smith, 2003 US App.LEXIS 12736 (9th Cir. 2003). However, if the online service provider plays an active role in soliciting information from users that leads to the defamatory act, the operator may not be protected by the safe harbor provisions of the CDA. In Carafano v. Metrosplash.com, Inc., a federal court ruled on the application of the safe harbor of the Communications Decency Act (CDA). The defendant in that case operated a matchmaking website known matchmaker.com. While operators of blogs and services are normally immune from such liability, the more active the service is with its member’s, the larger the probability of possible liability as a publisher of defamatory materials.
Another potential source of liability is the person who actually posted the defamatory materials. As with more general defamatory statements or materials, a poster can be held personally liable for anything posted which reflects falsely and negatively on a living person’s reputation. Posting false and explicit claims regarding a person will in general be held as defamatory for purposes of liability. However, other issues come up concerning the anonymity of the individual posting the information, and if known, the jurisdiction in which they are subject.
More often than not, reputation management is the only remedy to “internet slander” or correctly put “libel”. Online reputation management is one of the fastest and most inexpensive ways to deal with negative information that is posted about an individual or business online. Reputation management is not a cheap or low cost solution but, compared to the cost of long drawn out lawsuits that you may loose, it is A LOT cheaper.
Source: ReputationArmor.com – 1-888-358-2766
