• November 19, 2009
• Blog

Libel lawsuit hits social media

It has been a long-winded discussion in the communications law world: How much control should the government have over the Internet? People argue many of the following: It’s supposed to be the free medium. It’s impossible to control. Even if laws are made, how will they be enforced on such a vast, virtual medium?

The feds have been trying to answer these questions since the Internet hit it big. But they have a straight answer concerning libel and defamation claims because those laws are fairly universal across any medium.

What is libel? In its most basic form, libel is written defamation of character (as opposed to spoken defamation, which is slander). The greatest defense against a libel claim is truth. The judge will say to you what many people say when you make a claim, PROVE IT! Journalists tend to go by the practice of, if you don’t have three sources confirming the statement’s truth, one of them on paper, don’t print it.

Journalists know all about libel. It’s impounded into their brains in college. But for non-journalistic folk, many of whom are now blogging and Tweeting on the Internet, these laws may not be known. This can cause major trouble.

Case in point: Courtney Love vs. fashion designer. The known party girl and rock chick allegedly slammed the designer via a Tweet, triggering a libel lawsuit that would have been unheard of just a few years ago. According to CNN, the suit claims that after a disagreement over what Love should pay the designer, Dawn Simorangkir, for the clothes she designed, Love took to Twitter with her anger. She posted allegedly insulting and false comments about the designer, i.e. that she had a “history of dealing cocaine.” (Love’s Twitter account is now disabled.)

The CNN article cites several other similar cases that don’t involve celebrities but do involve social media. Read the article in full to learn more.

As a college-educated journalist who has taken intense communications law classes, I know the designer will have to prove a few things to win her case, including that Love’s statements are, in fact, false and that they caused damage to her reputation and/or business.

But should Tweets, status updates and statements made in Youtube videos or blogs be liable for a libel or slander lawsuit? I think everyone—journalist, public figure or otherwise—is responsible for the statements he or she makes. If you make a potentially damaging statement in a public way, you better be able to prove it’s true. Otherwise, like Love, you may be swimming in court fees and by-the-hour law firm bills.

Thoughts? Hit me with them!

Alyson (Follow me @alyandthecity) Social Media Marketing