Whither libel
I was glad to get a call today about blogger liability.
The caller wanted to know where I thought the intersection of libel law and blogging was these days. She mentioned the Tucker Max lawsuit, the Maine tourism campaign lawsuit, the Jessica Cutler/Wonkette connection. I mentioned to her the Jon Newton lawsuit.
This is a murky area, and I have a feeling other people out there know much more about where the blog/libel discussion is than I do. In an era in which anyone can be a publisher, libel law seems much less relevant — rather than sue, you can just write back. And if you sue, you're likely to bring the libel to the attention of many more people than would ever have heard about it in the first place. You'll be ruining your reputation just by going to court. And many bloggers don't have a dime, so if you're looking for damages you won't be satisfied by suing.
On the other hand, if you believe that blogging is taking its place beside journalism, you have to also believe that bloggers who lie maliciously (and get linked to routinely?) should take their place as defendants. Reputation remains important, and if a blog entry has an effect on your reputation you'll want some recourse.
On the third hand — just where has your reputation been damaged by a blog entry? In your home town, or in some online community? If it's in an online community, shouldn't you be visiting that community's dispute resolution functions instead of a physical courthouse? And shouldn't you have to show impact via blogranking services?
After days of sitting on airplanes, it was nice to drive back to dramatic fireworks over the Manhattan skyline last night, and to talk about liability today. Both are quintessentially American hobbies.
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