Of Links and Libel

First, a disclaimer: this article is intended as an introductory overview. It is not written by a lawyer and by no means should be interpreted as offering legal advice. For legal advice, contact a lawyer.

Libel is a complicated issue to tackle, but it's an important one for writers and site publishers to understand because it sits behind every publisher like a can of worms just waiting to be opened. The term itself refers to defamatory false statements passed off as facts that are intended to defame a person or entity. Libel is defamation in print, while slander is oral defamation, and the term defamation itself refers to libel and slander. Simply calling names or insulting someone does not count as libel, but claims that can be proven true or false may count.

In general, here is a checklist for what may be open for consideration as libel:

• The material identifies a living person or corporate entity. If no one is identified, there is no one to press a libel charge – and similarly, if a person is dead they are not eligible to file libel suits.
  
  
• The statement is made with "fault." Statements made against public figures must be made while knowing the statement was false or in "reckless disregard" for investigating the truth of the statement before publishing it.
  
  
• In charges against a private individual, the individual alleging the libel must show negligence or malice against the defendant in having made the statements.

The charge of libel is one that is handled in civil courts, in most cases. Specific libel laws vary by state and a few states do have laws covering defamation as a criminal charge, but in most cases, if you are convicted of libel, you will not go to jail. You may, however, face a fine – and the sum can vary considerably. Many libel fines are in the low five-figure range, but depending on the prominence of the libel case and the plaintiff and defendant, some awards have been in the millions.