Blogging: What You Need To Know About Defamation -Instant Article Submitter
Blogging: What You Need To Know About Defamation -Instant Article Submitter
Whether or not you would be held responsible may come down to if you moderate your comments. If you allow comments to be posted automatically, you may be protected under Section 230 of the US Code (for US Citizens). It may be a different story, however, if you approve comments before posting them. It could be argued that your posting of the comments equates your agreement to them. To date, no one has shown up in court to argue this, hence the fact that we are kind of forced to make it up as we go along.
Defamation is a tricky issue and one that needs to be tread carefully if one is to avoid landing in court. Here are a few tips to help keep you out of trouble. Note: I am not an attorney. I don't even get to play one on television. If you and your blog deal with some highly controversial issues or you're just not sure how much trouble you would get into if you published that post about your best friend's boyfriend, I recommend getting in touch with a lawyer to get the best advice.
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1. Change the names. By far the easiest thing you can do is to change or to avoid using the name of the person you are talking about and to strip away as much identifying information as possible. If a reasonable person can visit your hometown and quickly identify the "mealy-mouth cow" you blogged about online, you might want to do some editing.
2. Make use of a disclaimer. Kevin S Brady has an excellent one on his website. Even something as basic as "By making use of this blog site, you agree that the opinions expressed are the property and responsibility of their respective owners" may provide some defense in the event of a lawsuit. (Check with a real attorney please).
3. Consider writing your rant as a parody or satire. Extreme exaggerations that no reasonable person would believe are not considered defamation because, quite frankly, they are unbelievable. Be careful though, this type of writing takes a certain je sais quoi, and could easily backfire on you. Have a reasonable person proofread your entry to make sure it passes the believability test.
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4. Watch your language. Be sure to use wording that makes it clear that this is your opinion about the subject. Statements like, "That Mr. Squiggly Toddler Toy is a piece of crap" makes it sound as though you are stating a fact when in all actuality you are making a personal judgment about the toy. Something like "I think that Mr. Squiggly Toddler Toy is a piece of crap" or "That Mr. Squiggly Toddler Toy fell apart after the first use" are safe bets. At least as far as the law is concerned.
5. And last but definitely not least, don't tell false tales. Now this may seem like common sense but how common is common sense these days? Really. If you feel the need to resort to lying about a person, you may want to seek professional help in examining why you want to do that. Cause chances are, it's not to protect the public.
Blogging is a great way to meet people and stay current in the world and doing so responsibly will only make the experience better. Stay safe, stay sane and most of have fun.
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Blogging: What You Need To Know About Defamation -Instant Article Submitter Anaheim