There could well be a perception that blogging is lawless following the latest “Smeargate” sensation. In fact, that is not the case.
Responsible bloggers know that they also have to adhere to the 
laws of libel and slander, they wouldn’t put their neck on the line. A blogger can be sued for defamation of character if he has written a post that lowers a person’s reputation in the eyes of the readers in the same way as the author of a defamatory article published in a newspaper.
Defamation does not include making insulting or abusive comments, but the publication of facts which could have a serious impact on that person’s standing in society.
Barrister James Tumbridge, a former Conservative parliamentary candidate, has published some guidelines for his law firm Gowlings entitled Defamation, The Dilemma for Bloggers.
He warns about the potential threat of libellous remarks posted in comments which have either passed moderation, or not been moderated at all.
He said legal questions had also been raised over the posting of hyper-links to another website that contains defamatory content.
The waters in all these areas are very muddy and, as yet, untested in British courts. But James is quite clear about what bloggers should do to avoid legal action for defamation:
- Moderate comments, and if in doubt, remove them, especially if advised they are defamatory.
- Apologise. Section 2 of the Defamation Act 1996 provides for “making amends” and allows a blogger to apologise or correct the statement in writing. This will reduce the risk of liability.
James concludes: “Regrettably, the only way to be risk free of defamation actions based on the comments left on a blog is not to have them, but what sort of blogosphere would that leave?”
This will never happen as it goes against the nature of blogging. I can’t see comment-free blogs attracting any followers as much of the appeal lies in the conversation posted in the comments. Those which are considered objectionable on some sites tend to be abusive rather than defamatory. It’s just like watching TV, if you don’t like it, don’t watch it, or visit that blog.
Just remember, if you are going to smear without fear, then be sure of your facts, like Guido…
Blogging about political issues is full of pitfalls. I always try to be careful and not fall foul of them on my more serious blog.
That’s true. One has to be careful just what they say.
Moderation ?
Then let’s all give up.
Perhaps a disclaimer of every blog. Contributors’ views are not attributable to me.
The fact is that for most of us:
A) Suing would create more harm than good for the plaintiff.(Greater publicity)
B) Most bloggers have no assets and therefore nothing to sue.
I’m sure that Guido hasn’t been sued because what he says is true. What his contributors say is often vile and virtually beyond limits. I think that this is the acid test for James’ interpretation for the law.
Basically blogging is lawless.
[…] and don’t forget that you can CLICK HERE to get my letters sent to you by RSS every morning.1. Ellee Seymour draws some links between defamation, blogging and […]
It’s an issue over here as last year the Ital gov tried to get all bloggers to register and pay to do so! The excuse was that they could then be treated in the same way as newspaper journalists over defamation issues. I think it was a way of getting revenue myself!
Everybody must me careful in what is said. Its very hard blogging about political issues.