PR 101

This may come as a shock to lot of bloggers, but they are bound by the same rules on libel, slander and defamation as any reporter at an old media daily newspaper. I have written several times that the Internet is the wild west of the law. There have not been a lot of cases dealing with such things plagiarism, copyright infringement, and other areas of the law that govern publishing.

That is changing however.

“It was probably inevitable, but we have seen a steady growth in litigation over content on the Internet,” Sandra Baron, executive director of the Media Law Resource Center in New York, told the Los Angeles Times

“Although bloggers may have a free-speech right to say what they want online, courts have found that they are not protected from being sued for their comments, even if they are posted anonymously. Some postings have even led to criminal charges,” the LA Times reported.

This is my rant for this week. Just because you have a laptop and an Internet connection does not mean you can ignore the rules.  As many bloggers are now finding out, pretending those laws don’t apply get them into a whole heap of trouble.

Yet for some reason many bloggers continue to act like they can write and say what they want. There is something about the Internet and the feeling of anonymity that leads people to write things they would never say in person.

What also bothers me is that many blogger could not define libel if it bit them on the butt.

Here for your edification is the definition of libel from the Associated Press Style Book: “at its most basic, libel means injury to reputation. In some states libel is distinguished from slander, in that a libel is written or otherwise printed, whereas slander is spoken; in either case, the word defamation generally includes both terms. Words, pictures, cartoons, photo captions and headlines can all give rise to a claim for a libel.”

One of the very first things drilled into every rookie reporter are the rules of libel. Lawsuits are expensive. Editors don’t like to use their budgets on legal fees.

“Most people have no idea of the liability they face when they publish something online,” Eric Goldman, who teaches Internet law at Santa Clara University, told the LA Times. “A whole new generation can publish now, but they don’t understand the legal dangers they could face. People are shocked to learn they can be sued for posting something that says, ‘My dentist stinks.’”

Under federal law, websites generally are not liable for comments posted by outsiders. They can, however, be forced to reveal the poster’s identity if the post includes false information presented as fact.

That’s right, you cannot hide behind a false identity. Keep in mind that to everyone at your Internet Service provider – with the exception to those who send you the bill – you are a series of numbers. Those numbers are unique and cannot be changed by you. In other words, they can identify you quite easily.

“There’s a false sense of safety on the Internet,” Kimberley Isbell, a lawyer for the Citizen Media Law Project at Harvard University said to the Times. “If you think you can be anonymous, you may not exercise the same judgment” before posting a comment, she said.

So, think before you hit that publish button.