Originally published 5/6/2011

When Bloggers Defame

By: Ernie Reno - President, Avatar Communications Group, Ltd.
Category: Technology
The Internet has been hailed as the new frontier of liberty, a bastion of free speech where everyone is given a voice and a podium from which to speak their mind.

The Web log or “Blog” has followed in the steps of chat rooms and discussion groups, emerging as the most popular form of on-line public expression. Across the country media are quoting bloggers as “experts,” trumpeting them as 21st century Paul Reveres who cover the stories the mainstream don’t have time for or interest in.Before going further, I acknowledge there are thousands of credible, honest, intelligent and articulate people who write journals on the Internet. And then there are the kooks. For instances, take an hour or two this week and take a superficial journal through the world of political blogs. With a few exceptions like Jim Shella of WISH-TV, blogs in this vein tend to be horridly partisan, self-serving, poorly-researched, and tremendously one-sided. 

Rarely do these “reporters,” “authors,” or “experts” take the time to name sources (if they have any), conduct any quantifiable research or offer a balanced perspective on issues. They quote unnamed “sources” as often as Paris Hilton changes boyfriends. This is not to say one shouldn’t read them, just do so with both eyes open so to speak.

Consider yourself fortunate if have never been targeted by an irresponsible blogger. Essentially, he or she states opinions as fact and invites others to do the same. Pretty soon you have the digital version of a boys’ restroom wall for the world to see. Mainstream journalists are turned on to these sites and, before you know it, you’re receiving strange calls from all kinds of people asking you about the claims, allegations and rumors being perpetrated by the blogger.

So where do you turn when a blogger starts blasting away? Here’s the first thing you should know: Bloggers are not immune from a little charge known as defamation. To defame means to attack or injure the reputation or honor of by some false and malicious statements. Bloggers will often defend themselves by reflexively stating they have a right to express their opinion; however, this is not an absolute defense.

According to local attorney Daniel Byron, one of the state’s leading experts on libel, defamation, and slander, “It is important to note that opinion-type statements are outside the law of defamation. In other words, if a blogger gives his opinion as opposed to a misstatement of fact, then no suit for defamation could be pursued. Keep in mind, however, that the Supreme Court of the United States has forcefully stated that a false statement which mixes opinions and facts can be defamatory. Also, conclusions of fact stated by a blogger are still defamatory and not considered opinion.”

Mr. Byron’s last statement is critical regarding conclusions of fact. This is precisely the practice in which so many bloggers engage. Without the benefit of a journalism education or law background, they concoct a stew of half-truths, personal opinion, rumors, innuendo and wrap it in a cloth of self-righteousness to vilify those against whom they have a personal agenda. The blog becomes more a means to pursue vendetta than a platform for free speech. And when that happens, individuals, the companies for which they work, and the organizations for which they volunteer are at risk.

In order to prove defamation, “The company or individual would need to show that the blogger has made a false statement of fact which injures reputation, that he has published this blog to numerous third parties, and that the blogger was at least negligent in not learning the truth regarding the article. Normally, if a false statement of fact was made, negligence will ordinarily follow and the harm to the business or individual would be obvious. Assuming a false statement of fact, it then follows that the recovery for damages could be pursued,” Byron says.

I encourage you to begin exploring the so-called blogosphere as soon as possible. What’s out there may shock you. If you do find reason for concern, the first person to call is your lawyer.Secondly, Mr. Byron offers this course of action: “If a blogger is using a particular server to give his defamatory statements, the proper remedy is for the company to notify the server by certified mail of the defamatory nature of the blogger’s comments and then request that the server cease and desist permitting such blogging to continue through its server. If the server refuses to do so, or suggests that it has a disclaimer which protects it, then the server can likely also be sued,” Byron says.

In matters of reputation and honor, much is at stake. This is especially true in the age of instant disinformation. Always know your options.

Until next month…to your success.

E-mail your comments or questions to: ernie.reno@avatarpr.com or visit our Web site at www.avatarpr.com. Please note that my comments are solely my own and do not necessarily represent the opinions of Inside Edge or Grow Indiana Media Ventures, Inc.