Blogging has become a huge hotbed of free speech in all forms – from education, to rants and raves, to highlighting injustice, and driving revolutions. However, it is important for bloggers to keep in mind that, all though freedom of speech is a basic constitutional right guaranteed by the constitution in the United States, it can be restricted in certain circumstances. Some circumstances that speech could be restricted include profanity (although not usually on blogs), fighting words (threats, etc.), and panic-causing speech (no yelling “fire” in the theater).
One of the biggest areas where bloggers can get into trouble is with rants and raves – specifically, the target could claim defamation. Since it is written speech, it is also sometimes called libel.
What is Defamation?
Defamation is a statement that may harm someone’s reputation. However, for speech to be considered defamation, there must be a false assertion of facts, and that false assertion must cause some harm to reputation.
So, opinions alone cannot be defamation. However, if opinions are declared as facts, and they are false, they could be considered defamation.
The most important thing to remember is that WORDING IS IMPORTANT. A second thing to remember is that if you stick to the truth, you are usually safe. Don’t exaggerate.
In legal terms, there can be a big difference between:
- Company XYZ rips you off
- I feel like Company XYZ ripped me off
In the first one, you are asserting that Company XYZ is committing a false act that is causing customers harm. In the second example, you are making it more clear that you personally feel “ripped off” by Company XYZ. That simple wording can make the difference.
How To Be Safe
When writing blog posts or other articles, before hitting publish, really proofread your article and think twice about what you’re saying and whether any potential parties may be offended. While offending people is allowed, remember that they may look for recourse. And if there is any potential lies or exaggeration, or other statements that appear to be facts and aren’t, you could find yourself in hot water.
There have been several bloggers sued over the past few years, so don’t end up as one of them.
As a note, I’m not a lawyer, so any specific questions should be directed to one. This post is meant to be more informational than specific legal advice.
Readers, have you ever had to deal with legal issues surrounding your site?
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Thanks for the advice. I have often wondered about this. Still, I know there are a lot of other bloggers that are more controversial than me so I am not too worried.
Corey @ Passive Income to Retire recently posted..Passive Income Report – December 2011
While reading your article, I flashed back to Walter in The Big Lebowski saying “Oh please, dear? For your information, the Supreme Court has roundly rejected prior restraint.” (which isn’t even true, haha).
I hear you though – and I look at it like filing tax returns. Don’t say anything you can’t back up if someone calls you on it.
PKamp3 recently posted..The DQYDJ Weekender (Week of 1/2/12)
Good article, Robert. Best to stick to hard facts.
101 Centavos recently posted..Interview With Foster Wilson of MESA EXPLORATION
Keep to the truth and you’re good – no “truthiness”.
Haven’t had to worry about this and hopefully it won’t be an issue at all since I prefer to deal with non-fiction. It is a good reminder, however.
cashflowmantra recently posted..CFM Celebrating 100 Posts with Cash Giveaway
Very good call!
I try to write about things that peak my interest and I hope peaks others’ interests too but I leave it at that. I try not to involve my opinion too much. It is much safer. There is that fine balance though between expressing your voice to be personal and going too far.
Miss T @ Prairie Eco-Thrifter recently posted..How to Make a Relationship Last
Opinion is fine as long as you make it clear it is your opinion – use “I believe xyz” and you’re good!