Blog Marketing: Are you committing libel?

Something I read recently on a blog reminded me of an article I've been meaning to share here: Steve Tobak's Bloggers beware: You're liable to commit libel.  The basic point: blogs make it really easy to publish your writing (and market your business), but before you hit that Save button, make sure your "facts" aren't fiction.  Bloggers are held accountable under defamation law.

Consider these definitions of libel from Merriam-Webster:

• a written or oral defamatory statement or representation that conveys an unjustly unfavorable impression
• a statement or representation published without just cause and tending to expose another to public contempt
• defamation of a person by written or representational means

And this definition of defame: to harm the reputation of by libel or slander.  See also the Online Defamation Law by the Electronic Frontier Foundation.

Let's say, hypothetically, someone were to mention me in a blog post, and called me a "one-hit wonder", this could be considered defamation.  It conveys an "unjustly unfavorable impression" of my work - because the statement implies that I was *only* successful at publishing one book, and that I basically disappeared from the industry after that.

Such a statement could be considered defamation because it's not true - I had *three* books published, and have been writing magazine articles for multiple magazines in the industry, for both trade and consumer magazines, for over five years -- not exactly a "10 minute claim to fame".  The statement could also be considered defamation, or libelous, because it undermines my position as an expert in this industry, which could cost me consulting projects.  To imply that I don't have the knowledge to back up my expertise, or that I gained my knowledge by "spying" is just plain factually incorrect.

The point is - if you have a blog, use it wisely.  ANYTHING you publish can come back to haunt you.  Don't publish anything you wouldn't say to someone's face, and don't publish anything that you can't back up factually. 

And if you hide behind the guise of "expressing an opinion", if you don't have your facts straight, you just come off looking stupid.  Or worse, looking like a bully.  But then, my parents taught me just to ignore bullies - they're only looking for attention.

Comments

[Kim Guymon]

Great post! I don't think they average person understands libel. The first ammendment doesn't cover everything all the time no matter what. Anonymous posts are never 100% safe, either. I am saddenend with I see people pronounce the failure of a business when it's not true. You can't do that - it has the potential to drive away customers and hurt their bottom line and that's illegal. I don't understand why people feel the need to tear other's accomplishments down to make themselves look good or popular or smart. This is such a fun industry - I don't like the ugliness that is rearing it's head lately.

[Kate]

Opinions are not grounds for libel lawsuit unless the plaintiff can prove that their reputation was actually harmed. Courts have generally found that statements made online like "so-and-so is a one-hit wonder" are clearly opinions.

Moreover, by saying that such an opinion would be wrong because you're an expert in the field, you just placed yourself under the category of a "public figure". As a result you'd have to prove actual malice: the intent to damage your career (vs. negligently doing so).

The long and short of it is that just because someone says something offensive about another online doesn't mean there are grounds for a libel or defamation lawsuit.

[Lain]

I just wish people would be nice. Wouldn't that make the world a better place?
oxoxx
Lain

[Christine Smith]

a lot of people would do well to keep this in mind on some forum posts too!

[Kayla]

Great post - something we all should remember in the digital blog age. The reality is that even though people get hung up on technicalities - it is better to be safe and not put yourself in a possible libelous situation when writing posts for a blog. Many people will sue even when their case is not that strong - and it is better to write outside of what could be considered libel than to risk putting yourself through a draining situation like litigation - imho.

[Wendi]

What Kim is saying is true...the burden of proof is on the plaintiff. To go after someone for libel is a costly process. Also with the anonymity of the internet, international laws, and ways of hiding who you actually are, it makes for an even more daunting process. Unfortunately many people don't understand the difference between constructive criticism and just being plain nasty. I wish more people would follow the philosophy of "Is it truthful?", "Is it necessary?" and "Is it nice?". If it isn't nice it sure as shoot should be truthful and necessary...

[Angie Pedersen]

Kate, you're right, of course - saying something offensive online doesn't mean it's grounds for a lawsuit. To follow through with a lawsuit is a lengthy and costly process, and can end up not being worth the hassle in the end (from what I've heard and seen). I admit, I may have posted more out of "passion" than actual advice. My post was meant as more of a warning that while blogs offer an easy medium for publishing one's thoughts, that doesn't mean you shouldn't think before you write. And that what one writes can affect another person's livelihood, beyond just being hurtful.

Thanks for offering the added insights - I appreciate the additional perspective. Thanks everyone else for your thoughts, too! Great discussion!

[Kathy]

Wonderful post. Whatever happened to "If you don't have something nice to say, then you shouldn't say anything at all". I don't know where it comes from, but people enjoy belittling people. Is it insecurity? Probably.

Yes, on a blog you can put whatever you want. Just be respectful as everyone has feelings. I have never been belittled on a blog, but it has happened on a site.

[Kelly Shults]

What a great post and something I wish more people would read and take to heart! What it boils down to is be kind, be respectful, be professional! Thanks for sharing your insight!