Avoiding Libel in Online Writing
How Libel Laws Affect Web Content, Blogs and Internet Copy
Web writers are at risk of libel lawsuits when they don't take the proper precautions to avoid libeling their subjects.
Libel is the printing of false information that hurts the reputation of someone. Journalists study libel law to make sure they refrain from libeling the subjects of their articles. But in online publishing, many bloggers and citizen journalists have never studied libel law and put themselves at risk for law suits every day.
Proving Libel
In journalism, there are private and public figures. Public figures are people that are in the public eye, such as actors and politicians. Then there are the further subcategories of public figures who chose to be in the public eye and those who didn't.
A politician is a person who chose to be a public figure. A crime victim may be thrust into the public eye but did not seek it. Whether the person is a public or private figure will decide the type of recourse the person has against libel.
Libel Against Public Figures
A public figure has to prove a concept called "actual malice" to be able to win a libel case. This is to protect writers who may be afraid of criticizing public figures. Actual malice means that the writer was either knowingly lying or simply didn't care whether what was written was true. This can be proven if finding out the truth would have been easy but still wasn't done.
Libel Against Private Figures
If someone has stumbled into fame or notoriety, special care has to be taken. It takes far less for a private person to win a libel case. Something incorrect written about a private figure can be enough grounds for a libel suit. Rather than actual malice, the deciding factor is simply negligence. It's up to the court whether a writer was negligent in trying to find out the truth.
Avoiding Libel
The simple way to avoid a libel suit is to tell the truth when talking about anyone. Double check sources and never print anything unless you're sure about it. There are times when a content writer or blogger simply wants to state their opinion about a person. In these cases, make sure it's understood that the copy is an opinion. Using the term "I think" can help remind people that what is being writing is an opinion.
Libel law suits can be extremely costly, especially for the loser. Avoiding libel at all costs is better than printing something that can't be proven. Remember that people are coming to the Web for information. They are trusting Web writers to give them information that is well-researched and truthful.
