Can You Really Get Sued For Comments Made On A Blog?
I’m no lawyer so I’m probably not in the best position to give legal advice or opinion on this matter (last time I checked, my name still says “The Sheriff” and not “The Lawyer”). However, as this issue is close to my heart, I’m all for bringing it up. After all, it’s about blogs and how blogging relates to the legal system.
Jeremy Shoemaker, the owner of Shoemoney, today’s top linked-to blog according to Technorati, says he is being subpoenaed and is being asked to cough up some of his blog’s server records in relation to a libel case filed against one commenter.
I am going to be deposition and logs from my blog will be subpoena for use in a case where 1 person slandered another on my blog.
Well, it actually says “slander,” but because the case refers to the written word (comments on a blog post), shouldn’t it be a “libel” case?
At any rate, I would say this is another incident that demonstrates how clueless some people can be, particularly about the blogosphere. Jeremy doesn’t give details about who exactly the parties involved are or what exactly the reasons for the lawsuit are, and rightly so—you can get in even bigger trouble if you do this, like getting cited for contempt of court! But there are speculations that the squabble is due to a commenter’s bashing another company or blog or website. Apparently, there was some tongue- (or keyboard-) lashing and someone’s feelings got hurt (I hear profitability got hurt too, but again these are speculations).
It’s another case of the old school meeting the progressive world, particularly in media. For one, bloggers don’t enjoy the same institutional and legal protection that members of the traditional press benefit from. We do have rights as individuals but as far as our arses being covered, we’re left all alone to defend ourselves. We do write, edit, and publish our content, after all. And when some onion-skinned reader gets irked at what we write and sue in court, who do the we run to? The publisher? But that’s also us!
And do consider that the legal system may not exactly be progressive in its thinking yet, notwithstanding the fact that technology advances at a mind-boggling rate. If you can get me a judge and a jury who do understand the intricacies of blogging, then I’m all for it. Otherwise, I loathe the thought of having to go to court because of what I’ve blogged about—or worse, because of what a reader posts on my comment threads.
So to answer my own question, yes, apparently people can and do get sued for blog posts and for comments made on blog posts. It has happened, and it will continue to happen. However, the outcome might not exactly always be in favor of the plaintiff.
I can already see what would result from this mess. The plaintiff, even if he wins the case, would be considered the all-around bad guy, and would be thought of in the blogosphere as that onion-skinned arse who over-reacted to a blog comment (wouldn’t a simple email requesting comment moderation suffice?). Blogs are viral. The moment bloggers read about some juicy piece of information, they’re sure to blog about that, too.
The commenter, if his/her identity ever gets discovered and if found guilty, would have to face up to his actions and meet stiff fines/penalties. But he’ll probably be heralded by other bloggers as a hero to the cause of free speech. The blog owner, on the other hand would probably enjoy even more publicity than his site already gets. More publicity = more money (hopefully enough to cover legal expenses, that is).
Who’s the real winner here? The lawyers, of course—they get to rack up the retainer, consultancy and appearance fees!
When you create a paper trail, those dust bloodhounds the lawyers want to follow it. We are indeed in a war over freedom of speech.
But freedom of speech does not include the freedom from responsibility for what we have said. If you say something, you should be ready to be challenged. Possibly sued (though that crap goes on too much today).
Before I post anything, I ask myself, “Can I live with what I’ve said here?” Only when I can say yes do I hit submit. (Though in my case it has nothing to do with submission, more like assert!) I will stand by anything I say. I’m proud to.
We need to remember that our words are not going out into a vacuum, though it feels as if they are. We are talking to an entire world, and some of them are listening.
DreadPirateYarr said this on September 7, 2006 7:08 pm
jonny
jonny said this on September 11, 2006 7:05 am