How to Learn About the Online Defamation Act

In legal terms, any false statement made in a public way that can damage the image or reputation of an individual, specific product, or entity (such as a business, government or country) is an act of defamation. Online defamation differs from the ordinary act of slander or libel in that, while both require actual publication, the shelf life of the online statement is usually longer lasting.

Difficulty: Easy

Instructions

Things You'll Need:

• Computer with Internet access

Learn More About Online Defamation Laws

1. Know that section 230 of Title 47 of the United States Code protects Internet service providers from being liable for defamation, since they cannot be considered a publisher or speaker of any statement provided by a third party.

2. Understand that while there is no specific new legislation governing online defamation, common defamation law does extend itself to the online medium. Therefore, original content providers (like bloggers and writers) may be held accountable for their statements if proven defamatory.

3. Know that the statute of limitations on filing a defamation claim varies by U.S. state. You should check with your state's Attorney General's Office to learn what the law is in your state.

4. Find out more about how conventional defamation laws pertain to the online medium and learn how to avoid being sued for defamation from the Electronic Frontier Foundation (see Resources below). This is especially important information if you're a blogger, run a message board or chat room, or are involved in some other capacity as an online publisher.

5. Educate yourself about some well-known cases that were heard in recent U.S. history that illustrate how an online publisher can act in a defamatory manner at the FindLaw Web site. Of particular interest is how Section 230 offered certain protections to Internet service providers (see Resources below).

Tips & Warnings

• It may be helpful to publish a retraction of a defamatory statement in some mediums. However, online defamation is a bit more challenging to recant since the original material is often cached, archived or even disseminated across the Internet.
• Avoid trouble by heeding the old adage: If you don't have anything nice to say about anyone, don't say anything at all--especially online. Or, at least, be very careful about what you do say.

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