Saturday, March 25, 2006

Free Speech Vs. Libel

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An interesting debate continues throughout the blogosphere and at the various forums that allow people to post damn near anything they wish. What is considered libel? Well, according to Dictionary.com, libel is:

a) A false publication, as in writing, print, signs, or pictures, that damages a person's reputation.
b) The act of presenting such material to the public.


Now I ask you, is this libelous?

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A little background on this. This refers to two known people in my town and is unsubstantiated innuendo. You can follow the drivel previous and after to get more context. But let's look at the basic point of whether or not this constitutes libel. The post insinuates that there was something untoward occurring between two people who have been identified by first name and who are known in town.

While the poster did not mention last names, he (She) did in fact use the first names and that is enough to allow people to know who they are talking about. I ask you again, is that libel? It is highly distasteful and in a perfect world would never had been written since people should be able to conduct a debate in a civil manner but should it be illegal.

If a wayward Republican in north Jersey had his way, it would've been. He quickly learned the error of his ways.

What about slander? Again, the definition of slander is:

1) Law. Oral communication of false statements injurious to a person's reputation.
2) A false and malicious statement or report about someone.


These posts may well fall under the definition of slander.

I ask you, should there be laws in place that force forum hosts to disclose the names of posters thus taking away their anonymity?

More later.

Update (3/26/06 1000):

So, in keeping with the original intent of this post, if someone posts something that could potentially be construed as slanderous or libelous, should the target of said remarks have a legal case against the poster?

The Inquirer has thoughts along these lines today.

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