Defamation and the Internet

When someone publishes a statement of fact that injures another's reputation, he can be subject to a claim of defamation. Generally, the statement must be false in order for a claim to be successful. In some jurisdictions, however, even true statements can result in liability if the publication is motivated by a desire to cause actual harm. On the other hand, most jurisdictions have different rules relating to public figures - where it may be necessary to prove malice to be successful in a defamation action.

The law relating to defamation on the internet is far from clear. This uncertainty results from, among other things, the face that the internet is relatively new, as well as the trans-jurisdictional and trans-national nature of the medium.

The law of Defamation was developed in response to more traditional forms of communication and publication. In most jurisdictions, the existing legal framework is being applied by analogy to defamation on the internet, but the characterizations do not always flow easily. As a result, different jurisdictions may be taking different approaches to the same issue. Given that a publication on the internet is not confined to particular national or jurisdictional boundaries, it is hard to be certain just how the law of defamation will be applied in any given case.

All that is clear is that, if you are hosting a website, providing interactive services such as chatrooms or forums, or even participating in these forums, you could find yourself facing a claim for defamation if you are involved in the publication of false harmful statement - even if you are not the author of the statement, and have no editorial control.

The issue is tricky when it comes to hosting a chatroom, bulletin board or a news group, where other people are allowed to post submissions. If you allow the publication of defamatory statements on your interactive service, can you be held liable? The answer is a definite maybe. While the law may differ from jurisdiction to jurisdiction, it appears likely that the providers of interactive services will not be responsible for screening all postings for defamation. Rather, liability will only be found where the interactive service provider knew or ought to have known that a posting by a third party on his service is defamatory and the service provider allows or continues the publication.

The lesson to be gleaned from all this is that you should make sure that any statements you author, or that you have an opportunity to edit, are not defamatory or you could be sued. Additionally, even if you are not the original author, and have no editorial control, you could be liable if someone publishes a defamatory statement on your site or service. Accordingly, it is vital that, immediately upon realizing that you are publishing something defamatory, you immediately stop publishing it.

This article is not legal advice and is not intended as such. The law relating to this topic varies from jurisdiction to jurisdiction and from country to country. Additionally, any specific outcome would be determined by its own unique facts and may be different than what you might expect from reading this article. This article merely provides some general information about the topic. You should consult with a lawyer familiar with this topic, and with the laws of the relevant jurisdiction.