Libel law is applied in different ways to different media. The telephone company, for example, is just a carrier, and isn't thought to be responsible if Person A says mean things to Person B about Person C over the phone. But a newspaper exercises editorial judgment, so Editor A can get in trouble if he lets Letter Writer B's libelous comments about Citizen C appear on the editorial page. How does this apply to blogs? If a blogger lets a snarky reader make libelous statements about a third party in the comments attached to a post, can the blogger be held accountable? Don't know yet, but we're going to find out:
The California Supreme Court is set to hear arguments in San Francisco Tuesday on whether someone who posts a defamatory comment by another person on the Internet can be sued for libel.
Two civil liberties groups say the court's eventual ruling, due in three months, could have far-reaching implications for free speech on the Internet.
While the case before the court concerns individuals-a Canadian doctor seeking to sue a women's health activist for posting a third person's comment about him-the court's ruling could also determine whether Internet service providers can be held liable when they knowingly allow defamatory remarks to be posted. (emphasis added) Read on
