Libel is a very likely cause of action against bloggers. Here are the
requirements of a viable claim of defamation (including libel and slander):
1. Statement must be defamatory. To be defamatory the statement must
only lower the person's reputation in the community. Whether or not the
statement is defamatory is based on whether a "reasonable person" would
find the statement defamatory. All the facts needed to make the
statement defamatory do not need to be within the accused statement
itself. It may be defamatory by innuendo. The statement must be
statements of fact, not statements clearly of opinion.
2. The statement must be "published." All that means is that the speaker
must say or distribute the statement to others. Of course if you put a
statement on the web that is a given.
3. A person who repeats a defamatory statement is also liable for
defamation, so use caution in what you republish. Republication can also
increase the liability of the original defamer.
4. For libel, unless your state has changed the common law, just MAKING
the defamatory statement presumes damages. The plaintiff does not need
to prove any special damages.
5. There are some accusations that are defamatory on their face, such as
accusing a woman of being unchaste, reporting that someone has a
"loathsome disease," or saying that a person is not competent in the
person's profession or job.
Libel applies only to written words (LIB = book, so think writing when
you see libel).
--
Carol Simpson, JD, Ed.D. Assoc. Prof. (Mod. Serv.) University of North
Texas School of Library and Information Sciences csimpson at
carolsimpson dot com
Robert wrote:
> Since blogging is the rage and en vogue, I am sharing a link from ABC news where
>bloggers are getting arrested and more.
>
> http://abcnews.go.com/Technology/story?id=5406538&page=1
>
> Robert Joyce
> School Librarian/Library Media Specialist
> Virginia-Pittsylvania County
>
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