Jeff Jarvis touches upon a subject today that I have been think about recently: bloggers getting sued for libel. As blogs become more mainstream and popular, it's inevitable some people will start to be sued by those who object to criticism, etc. As a newspaper journalist, I'm legally protected (I believe the proper term is indemification) if I'm sued by the National Post's libel insurance. Most bloggers, however, don't have this kind of protection so a lawsuit - even if it's a nuisance suit - can be financially draining. You have to wonder if an entrepreneurial lawyer will see this as an opportunity (or maybe somone has already done it) to create an insurance policy for bloggers who want legal protection from libel? For bloggers interested in learning more about this issue, the Electronic Freedom Foundation as a legal guide.
Note: Just to be clear, I'm only protected legally from libel for stories written for the National Post. Like many bloggers, I don't have the same protection on this blog.
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Mark Evansthe blog - examines the world of telecom and technology from a distinctly Canadian perspective.the person - lives in Toronto, CA with his wife and three children, and works as director of community with PlanetEye Inc. 
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Comments
Re: Bloggers & Lawsuits
You might want to talk to a lawyer at the Post ... you would not have any special legal protection against libel. Your stories for the Post would be covered under the paper's libel insurance policy (which isn't legal protection), but you'd have to find out if that policy would extend to your blog. Either way, you can be sued, it's just a question of who pays the bills.
Re: Bloggers & Lawsuits
by
Randy Charles Morin
on Sat 22 Apr 2006 12:18 PM EDT | Permanent Link
The very nature of blogging should protect against this. Here's the scenario.
Blogger A says "XYZ Corp" sucks because of his experience with "XYZ Corp" product. If "XYZ Corp" attempts to silence him via libel lawsuit, then Blogger A simply posts the libel lawsuit notice on his blog and the blogosphere attacks "XYZ Corp" like a heard of hyenas. Corporations are not stupid. That's the reputation of the blogosphere. Corporations who are attacked in the blogosphere are best to ignore or play BOGU (bend over grease up) with bloggers. Re: Bloggers & Lawsuits
by
Matt Robertts
on Sat 22 Apr 2006 01:37 PM EDT | Permanent Link
Most indemnification policies work on 'a our processes should weed out libel.' So if you you do libel someone you can be personally sued but the paper pays all legal costs. The paper for printing the libel is also at fault for 'spreading it.'
But you were correct at the end of the day (thanks to the union) you are indemnified from and personal financial burdens. But you can still be found guilty of the underlying Libel you may have committed. Re: Bloggers & Lawsuits
by
Jamez4all
on Mon 24 Apr 2006 11:12 PM EDT | Profile | Permanent Link
Any company seeking to quell bad news through the courts is acting desperately and this will be reflected in its stock value.
It would have to be a lie which is too rare. After they sue you, sue them back for costs, slander, and time too. I hope this has not inhibited any commentary on Nortel as I havn't seen anything oubout the ongoing revisions they are announcing post fraud. It would take a truly sinister company to engage in such an action and I can think of none better. |
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