CreativeChaos
22 Aug 2006, 07:08 PM
Yeah, I've been researching the subject, and I have this:
http://www.dba-oracle.com/internet_journalism_libel_laws.htm
Quote from article:
Congratulations, you are now a publisher
This is the rub. Anyone who operates a blog is now considered a journalist, and subject to the same rules as any other international publisher. Now, I don't believe for a minute that everyone in the "blogsphere" understands the tenets for reporting about celebrities and how the laws are different for a "Limited purpose public figure", much less, the rules for publishing facts about private citizens.
Like it or not, millions of Americans have unwittingly become amateur journalists, without the benefit of understanding the important laws regarding publishing of information that might hurt someone else. Let's take a closer look and explore these issues:
What is Libel?
Libel is the publication of false, defamatory statements. However, in some jurisdictions, defamation, in an of itself is actionable, and in other places, presenting some in a false light in the public eye can get you sued.
Click on: Sure fire ways to wind up in court.
Quote from article:
Here are some common ways to quickly get your pants sued off:
Linking to defamatory web pages
Just found some juicy gossip? Hey, go-ahead and link to-it, it's a free country, right? Wrong. Mr. Gillmor notes:
Click on: Internet Laws and Personal Liability
Quote from the article:
The laws also vary by State and Nation, and South Carolina has strict laws against invasion of privacy. In the publication "THE RIGHT TO PRIVACY vs. THE FIRST AMENDMENT" (1978), author Alice Marie Beard notes that in many States it appears to be illegal to intrude upon someone's seclusion or solitude, to publicly disclose embarrassing private facts about someone; or to generate publicity that places the someone in a "false light" in the public eye:
click on overview of liabel law:
Quote from the article:
SPLC Legal Brief
Libel Law
? 2001 Student Press Law Center
Libel is the publication - in words, photos, pictures or symbols - of false statements of fact that harm another's reputation. (Libel is a form of defamation. Slander is the spoken version of defamation.) Reprinting or re-broadcasting a libelous statement made by someone else (such as a quote or a letter to the editor) can also subject a publication to a libel lawsuit. However, if a statement is true, it cannot be the basis of a successful libel claim.
THE PIHF CHECKLIST
There are four elements a person must establish in order to prove he or she has been defamed: (1) Publication, (2) Identification, (3) Harm and (4) Fault. Each of the four elements must be proven. For example, even if a story you have written meets the publication, harm and fault elements, a libel claim will still fail if you have not identified the claimant.
I. Publication
A statement is "published" if it is communicated to someone other than the person whom the statement is about.
Publication can take many forms and does not simply mean that the statement has been printed in a newspaper or other document. For example, a defamatory statement's presence on a computer screen in the newsroom where it is read by other students could constitute publication.
Disguising a Subject's Identity
Where you successfully omit or alter a subject's identity, they cannot successfully sue you for libel. Care should be taken that: (1) the subject's identity has been disguised enough so that no one can reasonably make an identification and (2) the disguised subject does not resemble some third party who would then have cause for complaint. Every story should clearly state what facts have been altered.
Think not that CC can't be traced to the actual person sitting at this desk typing, if one were so inclined to make the effort? Think again. And think not that the actual person who published (you know what article) cannot be found? Think again.
This isn't just a game. Kids. It involves real people, and real peoples lives, and their careers.
And I've only just begun my search.
http://www.dba-oracle.com/internet_journalism_libel_laws.htm
Quote from article:
Congratulations, you are now a publisher
This is the rub. Anyone who operates a blog is now considered a journalist, and subject to the same rules as any other international publisher. Now, I don't believe for a minute that everyone in the "blogsphere" understands the tenets for reporting about celebrities and how the laws are different for a "Limited purpose public figure", much less, the rules for publishing facts about private citizens.
Like it or not, millions of Americans have unwittingly become amateur journalists, without the benefit of understanding the important laws regarding publishing of information that might hurt someone else. Let's take a closer look and explore these issues:
What is Libel?
Libel is the publication of false, defamatory statements. However, in some jurisdictions, defamation, in an of itself is actionable, and in other places, presenting some in a false light in the public eye can get you sued.
Click on: Sure fire ways to wind up in court.
Quote from article:
Here are some common ways to quickly get your pants sued off:
Linking to defamatory web pages
Just found some juicy gossip? Hey, go-ahead and link to-it, it's a free country, right? Wrong. Mr. Gillmor notes:
Click on: Internet Laws and Personal Liability
Quote from the article:
The laws also vary by State and Nation, and South Carolina has strict laws against invasion of privacy. In the publication "THE RIGHT TO PRIVACY vs. THE FIRST AMENDMENT" (1978), author Alice Marie Beard notes that in many States it appears to be illegal to intrude upon someone's seclusion or solitude, to publicly disclose embarrassing private facts about someone; or to generate publicity that places the someone in a "false light" in the public eye:
click on overview of liabel law:
Quote from the article:
SPLC Legal Brief
Libel Law
? 2001 Student Press Law Center
Libel is the publication - in words, photos, pictures or symbols - of false statements of fact that harm another's reputation. (Libel is a form of defamation. Slander is the spoken version of defamation.) Reprinting or re-broadcasting a libelous statement made by someone else (such as a quote or a letter to the editor) can also subject a publication to a libel lawsuit. However, if a statement is true, it cannot be the basis of a successful libel claim.
THE PIHF CHECKLIST
There are four elements a person must establish in order to prove he or she has been defamed: (1) Publication, (2) Identification, (3) Harm and (4) Fault. Each of the four elements must be proven. For example, even if a story you have written meets the publication, harm and fault elements, a libel claim will still fail if you have not identified the claimant.
I. Publication
A statement is "published" if it is communicated to someone other than the person whom the statement is about.
Publication can take many forms and does not simply mean that the statement has been printed in a newspaper or other document. For example, a defamatory statement's presence on a computer screen in the newsroom where it is read by other students could constitute publication.
Disguising a Subject's Identity
Where you successfully omit or alter a subject's identity, they cannot successfully sue you for libel. Care should be taken that: (1) the subject's identity has been disguised enough so that no one can reasonably make an identification and (2) the disguised subject does not resemble some third party who would then have cause for complaint. Every story should clearly state what facts have been altered.
Think not that CC can't be traced to the actual person sitting at this desk typing, if one were so inclined to make the effort? Think again. And think not that the actual person who published (you know what article) cannot be found? Think again.
This isn't just a game. Kids. It involves real people, and real peoples lives, and their careers.
And I've only just begun my search.