www, PR and the Law (2): Defamation
‘How can online defamation happen?’ a friend asked me. ‘The Internet is so informal. How can you even prove that it is defamation? Defamatory comments can be removed, edited, modified…’
Initially, I had thought about discussing both online copyright issues and defamation in my earlier posts on the same topic. But my friend’s comments made me feel that this would require a separate post in itself.
Image Source: http://www.sxc.hu
In the case of printed material, what is printed is final and any changes/corrections/additions that are made come as an addendum, errata or disclaimer. In the case of information on the Internet, they can be constantly updated or modified, as and when required.
It is this very nature that probably makes people feel that information on the Internet is informal, and not comprehensive. Actually, nothing ever gets deleted even when websites or blogs like this get updated. They get archived.
Image Source: http://www.sxc.hu
So if a defamatory article or comment has been published or posted and later removed due to the fear of a lawsuit, they can always be retrieved.
While the law on defamation (libel or slander) is quite clear for offline media, the interpretation of the law for online defamation is not clearly defined, and therefore interpreted.
Though the law recognises that comments made on blogs or chats can be libellous, a recent comment by Justice Eady implies that ’the casual, conversational nature of bulletin boards meant that defamatory comments were more like slander than libel’.
Many PR professionals create, write, and edit print and online newsletters, either for internal use agency or for their clients. They could administer websites and moderate discussion forums. In this context, they must be very careful not to defame fellow employees or others in what they write.
For a basic guide to Defamation as per UK laws as well as other communication laws, Out-Law.com has some excellent resources.
Endnote: The Internet is truly and openly in the public domain and utmost care should be the mantra for online PR.
Tags: Defamation, Law, Libel, Public Relations, Slander
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