bloggers sued for defamation

BLOGGERS SUED FOR DEFAMATION

January 27th 2007 04:06

In light of Damo’s (My Apologetics) recent post, Should Blogger's Have a Code of Ethics? and the banter that ensued between other bloggers it seems that although you can’t be sued for breaching a code of ethics, bloggers can be sued for defamation. It has happened. The internet is a mass media tool.

Here is the link to the ninemsn article.

Basically, two Malaysian bloggers are being sued by one of the Malaysia’s largest media groups, The New Strait Times.

It is alleged the bloggers accused the editor of The New Strait Times of plagiarism.

The chairman of the media group is also suing because the bloggers have accused him of spin doctoring and being nothing more than a mouthpiece for the Malaysian Prime Minister.

Malaysia takes its sedition laws seriously.

So what is defamation? Excuse me while I dust off my Media Law in Australia textbook (Mark Armstrong, David Lindsay, and Ray Watterson; 1995) and right there on page 9 it says “Generally, the law of defamation may be invoked against the media only when an individual claims that a particular media publication adversely affects his or her reputation”.

Now I’d just like to mention right here that I left this comment on Damo’s abovementioned post.

If I write something in Sydney but someone in New York downloads (publishes) and reads it and is then believes they have been defamed I can be sued in accordance to New York laws. But that person in New York has to prove that their reputation has been damaged in New York.

The internet may be seen as a free form platform but it really is no different to other mass media when it comes to defamation laws. It's not as free as we would like to think.

Just to clarify, the article I got this information from was a decision passed down from the High Court of Australia relating to defamation laws in Australia. So my comment isn’t necessarily correct. All the states in Australia have different defamation laws so more accurately I should have said if I write something in Sydney but gets downloaded and read in Melbourne then I am subject to Victorian defamation laws.

However, if someone in the United States wrote a defamatory piece about me, I downloaded and read it here in Sydney then I could sue under New South Wales laws. Freedom of speech in the U.S will not protect this person.

Continuing with the example from my comment, I do not know if I could use the freedom of speech argument. I would be interested to find out.

I do not know what defamation laws are in the United States but the U.S. does have freedom of speech whereas Australia does not. Australia has implied freedom of political communication and implied freedom of public discussion. From my limited understanding, this means that because we the people elect the government, then we the people are free to comment and discuss said government enabling the free flow of information throughout society. This is so that voters can make an informed choice at elections.

But what about the current sedition laws? Could they impose on our implied freedom of political communication? We all heard the rumours as to the real reason “The Glass House” was axed; the Glass House panel even implied as such.

Defamation isn’t limited to politicians and famous people; anyone can sue you for defamation. It might be possible to sue someone in Orble if you feel you have been defamed and your reputation within the Orble community has suffered professionally or financially.

I know some of you might scoff at the financial side of things when it comes to Orble but the point I’m trying to make is that you are vulnerable all the time, no matter how big or small the community, to possible defamation suits.

So how do you protect yourself from defamation suits? There are several defenses which include:-

You can argue that the piece was in the interest of the public;
Your article was not intended to be malicious;
At the time of writing the article you believed it to be true;
It actually is true;
If the piece was obviously satirical in nature (that’s why cartoonists get away with what they do);
The person needs to prove that their reputation has been damaged in the community/society and have suffered financially and/or professionally.

I’m no lawyer and I’m sure that this is not a complete list of defenses, nor are they foolproof; but as moderators of our blogs we need to be aware of defamation laws.

Many argued on Damo’s post who should decide what code of ethics we abide by (if any); what specifically should be included in this code of ethics that everybody would be happy to agree to. We can argue this for days and weeks but you should know this, we are all subject to and must adhere to defamation laws.

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Posted By: Mrs M - Category: Social Comment

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Comments

21 Comments. [ Add A Comment ]

Comment by Damo

January 27th 2007 05:38

Wow MUM is the word.
Both literally of figuratively.

You are a gun.

Comment by katyzzz

January 27th 2007 06:10

Photography Tips
MS Paint Art

Mrs. M.,

So where and when do I start?

Glad you have informed others of what I already knew.

Some here are so blissfully ignorant and NO, the freedom of speech argument won't even get off the ground.

Counting the money, ah no, it's just like Orble's pay packet, so small mostly I can't find it.

Good for bringing a little common sense into this fantasy environment.

Stick to my art, you can't go wrong.

katyzzz

Comment by Norm

January 27th 2007 07:26

Consumption Malfunction
Equal and Opposite
Arses and Elbows
Footy Power

Mrs M,

If the piece was obviously satirical in nature (that’s why cartoonists get away with what they do);

I like that part.

Have to admit though that if we all accepted the law always then we'd still be clubbing and dragging.

The law protects the makers?
Norm

Comment by David

January 27th 2007 07:57

Mrs M,

I'd make a comment if I had any integrity or a character to defame ... but I assassinated my own character years ago ...

Just here to vote ... (Women with minds like yours? They get my vote nearly every time ... [the times they don't? ... Nup ... I'll leave that one alone ...

Great Post!

David ...

Comment by Brenton

January 27th 2007 09:30

Dr Spin
Tales From The Other Side
Blip Blog
Gadget Museum

It's tricky, but you can get around it by not being a moron.

For instance, I have a reasonably venmimous piece stored up to post on a Mr Andrew Bolt, but if he took me to court, I could prove it true...

And anyway, it's boost my stats

Comment by Social Commentator

January 27th 2007 09:46

I actually got told that I almost didn't get my job at a magazine because people are reading blogs and taking companies to court. What is usually office banter, if read out of context on a blog can be quite damaging in the wrong hands.

Comment by Mrs M

January 27th 2007 10:00

Mum's Word

Hi Damo,

Thanks for the springboard into this post. Much appreciated.

Hi katyzzz,

It is become obvious to me that some bloggers didn't know too much about defamation laws. I'm not sure you can blame those who are blissfully ignorant, they just need to be made aware.

When I first joined Orble I read the blogging tips post and in it mentioned that Orble will remove content they think will offend people. Even Orble says that they take a liberal stance. So there is no real guide.

I'm not sure who is responsible for this. Perhaps Orble should have a post on defamation; some common questions etc.

Hi Norm,

The law protects the makers? I'm not so sure. From what I've read re defamation it can help the little man but obviously media organisations have more money than the little man. More money means better legal advice. Defamation doesn't seem to be a black and white subject so interpretation will define an outcome I think.

But like I said, I'm no lawyer. Just a simple gal with a not so simple mind.

Hi David,

If what you say about your character is true, then you are in the best position of all - you have nothing to lose. Write what you like

Hi Brenton,

Exactly right. It can be tricky but there are lots of ways around defamation if you know what you are doing.

So people still have a lot of scope to write what they want. You don't necessarily have to feel suppressed.

But you can't bend rules if you don't know what they are first.

Thanks for the visit and the comments everyone.

Love & stuff
Mrs M

Comment by Mrs M

January 27th 2007 10:14

Mum's Word

Hi Social Commentator,

Absolutely. What is usually office banter..

That's a key element to it all. It seems that people either forget or don't appreciate or fully comprehend the vast reach one person's blog has. It boggles my mind that someone in Greenland could read my blog.

And it is very easy to fall into a "conversation" with someone through the comments but because this is written word (there is a difference between written and spoken word when it comes to legal matters) and the internet is a recognised mass media outlet, absolutely right, blogs can be damaging in the wrong hands.

Thanks for the visit.

Love & stuff
Mrs M

Comment by dswhite

January 28th 2007 00:33

Age is Just a Number

Hi Mrs. M,

Great reminder that with "great power comes great responsibility"

Keep up the great posts.

Peace,
Dee

Comment by Mrs M

January 28th 2007 03:35

Mum's Word

Hi Dee,

Ain't that the truth.

Thanks for the visit and your kind words.

Love & stuff
Mrs M

Comment by Damo

January 28th 2007 04:56

With Great Power Comes a Great Power Bill

Comment by Nina

January 28th 2007 08:56

Mrs M, another defence against defamation (in Qld at least, but all the states are fairly similar since the introduction of the Defamation Acts in 2005) is Honest Opinion. This is the one that reviewers of restaurants, movies, etc, use to cover themselves. That's why it's often a good idea to preface statements with 'I think that...' or 'To me it was....' so as to show conclusively that you are saying it as an opinion rather than as fact.
Of course there is more to it than that, but those are the basics.

Comment by Mrs M

January 28th 2007 09:23

Mum's Word

Hi Damo,

Absolutely. Nothing is free my friend.

Hi Nina,

That's another good one. Honest opinion. I can see how one could fun with that one. It's like using no offence at the end of a sentence.

I know that they (government) were trying to pass a bill that made defamation laws uniform across all states but from what I hear a couple of states are balking at it. Don't know which states. Is that right?

But thanks for the info - that's great.

Thanks again for the visit and the comments.

Love & stuff
Mrs M

Comment by Nina

January 28th 2007 10:39

That's right, Mrs M. All of the states have uniform Defamation Acts, but the territories have held out.

Comment by KylieW

January 28th 2007 23:30

Celebrity Obsession

Mrs M - Great post. Defamation laws are something that we definitely all should be aware of!

Comment by yoda76

January 29th 2007 00:28

Hi Nina, Hi Kylie W,

Thanks for the visit, comments and support.

Love & stuff
Mrs M

Comment by Mrs M

January 29th 2007 02:05

Mum's Word

Woops. I was on my husband's settings.

Comment by Bhumika

January 29th 2007 17:05

Political Minds

thanks for informing us on this very important issue. i think that bloggers should abide by certain codes of conduct. i mean u can't just write anything or falsely accuse someone.

Comment by Mrs M

January 29th 2007 23:29

Mum's Word

Hi Bhumika,

I agree about a code of conduct or code of ethics. Orble may not be a definite code of ethics or conduct but me personally I do.

Thanks for the visit and comments.

Love & stuff
Mrs M

Comment by Candice

January 30th 2007 02:35

Great information there Mrs M, and definitely something bloggers should think about when posting. It's easy not to think about the reach your blog can actually get.