Sticks and stones may break my bones, but names can bring a lawsuit
Issue #33
Understanding the legalities of gossip blogging
By Carlye Wisel
Published: September 1st, 2007 | 12:00am
“She’s a whore.” “He’s a psycho.” “What an asshole!”
We’ve all talked shit about someone behind his or her back, but while your lunchtime blab about a co-worker or celebutante probably hasn’t resulted in a court date, typing a comment on a Web site when you return to your desk might. With citizen journalism and blogging more popular than ever, Venus Zine has put together the following guide to illustrate the difference between blogging about Britney Spears or your slob roommate Britney and what could go wrong in both cases.
Watch what you say
If you’re speaking untruths or just plain ol’ lying, keep an eye out for defamation — specifically libel, which pertains to writing. Let’s say you spread lies online about “Katie Nielsen” — a girl you went to high school with — and she’s furious. To prove that she has been defamed, the comment would generally need to be all of the following: directly about Katie, capable of harming her reputation, false, and read by someone other than her.
But if you’ve written all over Perez Hilton’s celebrity gossip site about Nicole Richie and haven’t been served court papers yet, this may be why: public figures need to prove actual malice in defamation cases. Under this, they would need to show that you had knowledge of falsity or reckless disregard for the truth, which is very difficult to prove.
Still, warnings and repercussions are starting to pop up. In April, AwfulPlasticSurgery.com received a letter from actress Hunter Tylo’s attorney threatening a defamation case (including actual malice) stemming from a comment about plastic surgery procedures she may have endured.
Regardless of the repercussions and how likely it is you’ll suffer them, posting falsities about anyone is a bad idea. “It would be considered libel to publish false statements on another’s site,” says Sean F. Kane, an intellectual property attorney with Drakeford & Kane LLC in New York. “However, if you are reporting truthful things in a mean way, you would probably not be in violation of the law. The law does not require the press to be nice.”
Truth is always the best defense in a defamation case. However, just because you have a juicy piece of truthful gossip doesn’t always mean you should spread it.
Watch what you tell
If you’re blogging about your friends, family, and co-workers, you could potentially be hit with a publication of private facts lawsuit. It requires a few elements that need to be proven. There needs to be publicity about the private fact, the material revealed must be offensive to a reasonable person, and it must not be of public concern. If you divulge information about an old friend’s plastic surgery or a co-worker’s sexual orientation — assuming that they were keeping these tidbits secret — that person may have a case against you.
But what about gossip pertaining to celebrities? “If the subject is a public figure and the information is true,” Kane says, “they would have similar protection to any other journalists.”
DISCLAIMER: Venus Zine is only offering suggestions of possible legal consequences associated with internet blogging. It would be in your best interest to contact a legal professional with serious inquiries. This article is not intended to be interpreted as specific legal advice, and laws may vary between jurisdictions.
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