Blogging: Thing You Should Know About Defamation

Currently there are over 30 million blogs on the internet and thousands more being created each week. Assuming ownership of one blog per person, that’s a minimum of 30 million people slinging around their personal opinions on all that exists under the sun. This is a good thing. The free exchange of thoughts and ideas is what prevents the world from becoming a stagnant pool of dictatorship with the appropriate green scum floating on top.

However, to steal a line from the movie Spiderman, ‘With great power comes great responsibility’. Blogging has become a way for the voice of the people to be heard. We must be careful, though, not to abuse our power through thoughtless acts that hurt the credibility of bloggers and blogging. One place that continues to be our Achilles heel is when good posts go bad. For more details go to www.blogers-guide-to-profit.com.
In the United States, libel and slander are the two categories of defamation. In many states, courts have begun treating them the same as the only difference between the two is that libel is a false written statement about a person, place or thing that harms his/her/its reputation while slander is the verbal act of the same offense. Whether blogged on the internet or whispered offline to your mother, the common denominator is that what is said is false.

Since I’m psychic, I already know what you are thinking. ‘The First Amendment of the US Constitution protects me. As long as it is the truth, I can say whatever I want.’ Well, sort of. As crazy as it sounds, truth is not the silver bullet defense for every case of libel or slander. A judge may require that besides being true the information relayed is in the public interest to know.

So reporting that the CEO of a major corporation had been caught pilfering money from the employees’ retirement fund would probably get dismissed from civil court whereas telling the world that your neighbor has smelly feet could get you into more trouble than you want. For more information logon to www.greatblogbox.com .Even if it were true, why would it be in the public interest to know that your neighbor’s feet could clear out Yankee Stadium?

Defamation is a tricky issue and one that needs to be treading carefully if one is to avoid landing in court. Here are a few tips to help keep you out of trouble. Note: I am not an attorney. I don’t even get to play one on television. If you and your blog deal with some highly controversial issues or you’re just not sure how much trouble you would get into if you published that post about your best friend’s boyfriend, I recommend getting in touch with a lawyer to get the best advice.

1. Change the names. By far the easiest thing you can do is to change or to avoid using the name of the person you are talking about and to strip away as much identifying information as possible. If a reasonable person can visit your hometown and quickly identify the “mealy-mouth cow” you blogged about online, you might want to do some editing.

2. Make use of a disclaimer. Kevin S Brady has an excellent one on his website. Even something as basic as “By making use of this blog site, you agree that the opinions expressed are the property and responsibility of their respective owners” may provide some defense in the event of a lawsuit. (Check with a real attorney please).

3. Consider writing your rant as a parody or satire. Extreme exaggerations that no reasonable person would believe are not considered defamation because, quite frankly, they are unbelievable. Be careful though, this type of writing takes a certain je sais quoi, and could easily backfire on you. Have a reasonable person proofread your entry to make sure it passes the believability test.

4. Watch your language. Be sure to use wording that makes it clear that this is your opinion about the subject. Statements like, “That Mr. Squiggly Toddler Toy is a piece of crap” makes it sounds as though you are stating a fact when in all actuality you are making a personal judgment about the toy.

5. And last but definitely not least, don’t tell false tales. Now this may seem like common sense but how common is common sense these days? Really. If you feel the need to resort to lying about a person, you may want to seek professional help in examining why you want to do that. ‘Cause chances are, it’s not to protect the public.

Blogging is a great way to meet people and stay current in the world and doing so responsibly will only make the experience better. Stay safe, stay sane and most of have fun.

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