Libel on the Internet: The War of the Words—Part One of Three

by Lisa Burns

Freedom of speech to writers is as imperative as a camera is to a photographer and a canvas to a painter; without the right to record free-flowing ideas, the writer would have no motivation to practice his or her art form. With this freedom comes a certain amount of liability, especially when a large mass of people are reading content and assuming without any further research that the statements made are fact. The impact of the Internet has split the online community into two groups: writers who cite freedom of speech and create blogs, forums and web pages without consequence, and the victims of vicious websites, who claim their character has been defamed by these sites. On one hand, writers of blogs and forums are authors who should have the same rights as anyone else. It is not against the law to state an opinion or to make a claim in a printed publication, so why is the Internet any different? On the other hand, it is libelous to print false information and claim it to be true. The question remains: Is the Internet a haven for free speech, or are certain restrictions necessary to improve the quality and integrity of websites?

To start, we need to understand the difference between stating an opinion and libel. Eugene Volokh, professor at the University of California Los Angeles Law School, says, “As a general matter, statements are actionable libel when they are false statements of ‘fact’ that injure a person’s reputation.” These statements are typically made by critics who state falsehoods and pass them off as facts. An opinion, on the other hand, does not claim to be factual. “The line is between stating an opinion, which is fully protected by the First Amendment even when it destroys a business, and making a false statement of fact, which may be unprotected and thus legally actionable even if it doesn’t destroy a business,” says Mr. Volokh. “Exactly when a statement crosses the line between opinion and factual assertion is sometimes clear and sometimes hazy, but that’s the question that should be asked.”

The literary industry in particular has been hit hard in recent years by brand-bashing on the Internet. Jeremy D. Mishkin, partner and chair of the Litigation Department of Montgomery, McCracken, Walker & Rhoads, LLP summarizes the law, saying, “You may not defame others. You do not have the right to make a false statement that harms the reputation of other people. When an expression of opinion includes explicit or implicit statements of fact that are false and harm the reputation of others, it’s usually enough to claim defamation.”

WNW is going to take a closer look at both sides of this debate. Next week, we will examine the side writers on the Internet are taking. Are their civil liberties in question? The third and final part of the “The War of the Words” series will study the businesses that have been defamed because of disparaging remarks on the Internet. We invite you to consider both sides of the debate and to weigh in with your own opinion.

Agree? Disagree? Tell us at editor@writersnewsweekly.com