Of Links and Libel

Drastic threats to online free speech may be unlikely to materialize into reality, but in the meantime, site owners would be wise to protect themselves from libel charges by following a few common sense guidelines. Even if you ultimately would win a case after a charge of libel, hiring lawyers and going to court is an expensive ordeal, best avoided. While these days there is no such thing as a foolproof defense against legal action, prudent forethought will go a long way in keeping you out of trouble. Here are some guidelines to follow in crafting your site's content and in choosing what to link to:

1. Understand what is and is not libel. The term "libel" applies to written defamation of character. In short, it is publishing false, malicious comments or charges that could hurt someone's reputation. It can't be applied to mere opinions, such as saying that "I think George W. Bush is a terrible president," but if you made a false charge against a person such as publishing a comment like, "My next door neighbor is a terrorist," then your neighbor might be able to file a charge against you. Your right to have an opinion is protected, but you should be watchful of spreading rumors and making false accusations.
   
   
2. Word choice matters. Activist Tom Diehl is currently being sued for defamation by a company that he accused of being a "trash terrorist" and took to court over its negligent practices. While Diehl won his lawsuit, the company filed a $5 million defamation suit against him, claiming that the term "trash terrorist" implied that the company had engaged in activities resulting in the death of American citizens and that it planned to engage in further such activities. The case goes to show that terms such as "terrorist" are loaded and could cause trouble.
   
   
3. Single words won't keep you safe. You may think you are covering your posterior, but you aren't. Merely using words like "alleged" or "Rumors suggest that…" may not protect you from libel charges.
   
   
4. Separate facts from opinions. If you post true, verifiable facts apart from your comments on them, it is harder for someone to allege malice than if you mix your opinions in with facts and make them less clearly delineated.
   
   
5. Be careful about using private person's names on the Internet, especially if you are a blogger or post other types of opinions on your site. For example, if you are angry about a doctor visit and post that "Dr. So-and-so at My Neighborhood Clinic is completely incompetent and doesn't know what he's doing," then you could be opening yourself up for a libel charge if Dr. So-and-so sees your post.
   
   
6. Stick to the truth. It's commonly said that truth is the top defense against libel charges, although the truth of that statement may vary in the reality of courts. However, if you can verify the facts that exist on your website, you will find yourself in a far better position than if you post unsubstantiated ideas. For example, saying that "Governor X is a crook" after the governor was accused of accepting a bribe could be libelous, but saying, "Governor X was accused of accepting a bribe. I'll bet he's a crook," would be different.
   
   
7. Read the Associated Press Briefing on Media Law. It is found at the back of the Associated Press stylebook, and it has an easy quick reference to legal issues regarding publishing rights.