Internet Defamation
Michelle Malkin: "I suppose, as a blogger, I should join in and cheer the much-buzzed-about decision in Barrett v. Rosenthal this week, which ruled in California that Internet users who post (to Web sites or discussion groups) defamatory statements originally made by others are immune from liability...What do YOU think?Many of my friends and colleagues in the blogosphere see the decision as a triumph for Internet free speech. See Glenn Reynolds, Danny Glover, and Justin Levine at Patterico's, for a sample of opinion.
Perhaps because I have a foot in both the MSM and blog worlds and have been the target of defamation, I don't see the ruling in quite the same positive light.
Why should online speech be held to a different standard than other speech?
If Barrett v. Rosenthal is applied to bloggers, as many assume it will be, if I re-publish a defamatory statement on this blog, I am immune from liability for libel.
But if I re-publish the exact same statement in my syndicated column published in print, I'm liable."
How do YOU interpret the idea of "free speech" and how do you apply it on your blog? (Whether or not you live in the USA). Please leav any remarks/links in either Haloscan or Blogger comments below!
Previously: Religious Ring Tones
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posted by Dave Lucas @ 10:34 AM | StumbleUpon | Reactions
4 Comments:
At 10:51 AM, November 22, 2006,
Beanie in St. Louis said…
I'll get the ball rolling by re-posting something for ya:
"we bloggers always say we want to be treated as journalists, with the same rights. Yet, if I write printed material, that copies someone else’s original material that is defamatory, I am still liable for the article. If I take the same material and post it on my blog, no one can say anything. Michelle’s right, it seems we want to have all of the rights and privileges of the printed media journalists, but none of the responsibilities. It all sounds great, being protected from liability. However, when one day you wake up, and every blog has reposted material, with the original unable to be found, that is defamatory to you, destroys your reputation, perhaps you lose your job, lose readers or something else, you can’t do a damn thing about it."
At 12:56 PM, November 22, 2006,
Pilar Tiang said…
I have blogged from both Beijing and Hong Kong. I say what I want to on my blog. No one has ever questioned my articles or threatened me.
At 1:34 PM, November 22, 2006,
Aaron said…
Malkin likes to start fires, the she runs away until the smoke clears. If things look good then, she comes out and beats her chest. If not, she blogs ruthlessly until her readers critics and followers FORGET!
At 2:16 PM, November 22, 2006,
Sue Cohen said…
Malkin is all about $$$$$ that's why she married a Jewish man... She's a wannabee Jewess. Bitch, I hope he divorces you and marries a real Jewish woman, you humpmewhore flip.
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