How to Avoid Libel When Blogging

Blogging is the hottest thing on the Internet these days. Private citizens, entertainers, companies and politicians are all participating in this activity, which basically entails keeping an on-line journal that reflects their opinions and views on various subjects. This often includes entries regarding other people that the blogger dislikes or disagrees with. This becomes a libel issue because these online journals are accessible to people around the world and a person's reputation may be injured.

Instructions

Difficulty: Moderate

Things You’ll Need:

• Internet access

1. Choose carefully who you allow to write on your blog. Although you may not have written the false statement that leads to libel, your intent to print the statement can make you just as liable as the person who wrote the information.
2. Maintain a semblance of neutrality if you are blogging about public controversies in which negative statements have been made about a person. The court has found that those who present "disinterested" commentaries on such controversies are not usually guilty of libel, as they are simply presenting contrasting opinions about a public figure.
3. Avoid statements that can be considered libelous under the pretext of opinion. You are entitled to your opinions about others, but you should be almost certain that the statements that you are writing are true. In the case of public figures, you have a little more wiggle room in your opinions, but you must still be careful.
4. Become knowledgeable about your rights and responsibilities. You do have certain First Amendment free speech rights, but these rights are tempered by the requirement that you act responsibly when publishing information that is visible around the world. You can be subject to a libel action even though you never leave the four corners of your home office and even if you think no one else is reading what you are putting out.
5. Visit the Electronic Frontier Foundation, a non-profit organization whose mission is to protect the rights of those who use digital media, such as the Internet (see Resources below). They have a legal guide for bloggers, both adult and minors, which offers ways to avoid libel and other defamation issues.

Tips & Warnings

• Remember that children may also be subject to libel suits, in addition to adverse actions at school, and so should also be careful when blogging.
• You can be considered "the media" for purposes of a libel suit. Be aware that your messages are reaching a broad audience and that you may be subjected to a different standard in a court of law.