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Friday, September 23, 2005

Watch It....

A defamatory blog posting would be considered libel (i.e., written defamation) rather than slander (spoken defamation). If a statement is, in fact, defamatory, the writer/poster potentially would be liable, but the blogger himself/herself would not (pursuant to the safe harbor provision of The Communications Decency Act, Section 230) -- unless, of course, the blogger is the one who made the defamatory statement.

Although pure opinion is generally not defamatory (because it is not capable of being proved as true or false), one cannot escape liability simply by labeling an otherwise factual statement as "my opinion," particularly if the opinion appears implicitly to be based on undisclosed facts known to the speaker/writer.

In other words, the statement, "I've read his stories for 10 years, and in my opinion he's a thief and a liar," will be found defamatory (assuming it's false) even though couched in terms of opinion.

The various defenses to liability for an otherwise defamatory statement -- and the higher standard of proof required of a public figure -- are too complicated to include here.

7 Comments:

At Friday, September 23, 2005 1:24:00 PM, Anonymous Anonymous said...

This much too intelligent to have been written by you.

 
At Friday, September 23, 2005 5:38:00 PM, Blogger Shelly said...

Justice stop it already you freakin' coward...

 
At Sunday, September 25, 2005 7:47:00 AM, Anonymous Anonymous said...

Shelly Howington is a moral coward and a bitter fool.

Good thing she's not taken seriously. What a clown.

 
At Sunday, September 25, 2005 8:32:00 PM, Blogger Shelly said...

calling me a coward while posting anonymously....
gee pot...

 
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