Libel Dangers for Law Firm Blogs

A 12-person jury held lawyer Rafe Banks of Cummings, GA, liable for $50,000 for libeling another lawyers in his blog.  According to the October 23, 2006 issue of Lawyer USA, it was the first libel jury verdict against a blogger.  The case is one of at least 50 similar suits that have been filed against bloggers, primarily alleging libel or trademark infringement.

For example, you have libeled someone if you say in your blog that they have committed a crime (like taking bribes), have an embarrassing disease (herpes) or state incorrectly what their sexual preference is (gay or lesbian).

Libel is making a defamatory falsehood, that is, making a false statement of fact that injures someone's reputation. It applies to newspapers, magazines, TV, radio and blogs.

"Bloggers in general think they can put anything in a post.  They seem to think that defamation rules don't apply, in the same way that some bloggers think copyright laws don't apply," Christine Corcos, an associate professor at Louisiana State University Law Center, told Lawyers Weekly.  "They're wrong."

The problem arises because blogs have become newsy Web sites that report business and political developments. The Electronic Frontier Foundation has a "Legal Guide for Bloggers" you should check out.

Comments

[Joni Mueller]

That another lawyer would see fit to do this is just galling. He surely cannot cite ignorance of the law as an excuse. And that goes for blawgers and bloggers alike.

As to your statement above,

"For example, you have libeled someone if you say in your blog that they have committed a crime (like taking bribes), have an embarrassing disease (herpes)...."

Don't you mean "... if you **incorrectly** say...."? Because truth is the absolute defense to slander and libel, correct? (Or have all those Court TV and Judge shows I've been watching been leading me astray all this time?)