The Basic for Bloggers and Other Online Publishers

Bloggers and other citizen media creators contribute to the vitality of free societies by reporting
on events in their communities, exposing and scrutinizing the workings of government, and
helping to hold those in power accountable. The report on the world around you is protected by
the United States Constitution and the courts. Basically, this course addresses three of the most
important areas of media law that specifically relate to gathering information and publishing
online: defamation, privacy and copyright.

Defamation
It means an injury to reputation caused by the publication of falsehoods. Defamation includes:
• Libel: Written defamation.
• Slander: Spoken defamation.
In order to win a defamation case in the United States, a plaintiff must prove not only that the
journalist, blogger or publisher got it wrong, but in addition, that there was some degree of
carelessness, recklessness or knowledge of falsity that led to the publication of false information.

The defendant published the defamatory statement.

If you publish something on the Internet, whether on a blog or a Web site or even in an e-mail to
a third party, you've met this requirement.
Keep in mind that publishing someone else's defamatory statement can itself be defamatory. In
other words, you won't be immune simply because you are quoting another person making the
defamatory statement, even if you properly attribute the statement to its source. For example, if
you quote a witness at the scene of a traffic accident as saying that the driver was drunk when he
ran the red light and it turns out the driver wasn't drunk and had a green light, you can't hide
behind the fact that you were merely publishing the witness' statement (which could be
defamatory).
On the other hand, if you repeat what was said in an official hearing or official document, there’s
an important privilege that may protect you, provided you attribute the information you gathered
and are accurate in your reporting. So, if instead of quoting that same witness from the scene,
you quoted the witness’ testimony in court, you would be protected under what’s called the “fair-
report privilege.”

There is also an important provision under the federal Communications Decency Act, Section
230, that may protect you if a third party – not you or your employee or someone acting under
your direction – posts something on your blog or Web site that is defamatory.

The statement was false.

Couching false statements of fact as opinion or within quotes from other sources generally won’t
protect you. Forget about trying to cover yourself.

If an underlying reputation-damaging statement can be proven true or false, the false statement
requirement may be met.

Constitutionally protected.

The statement is about the plaintiff.

The statement doesn't have to name the person or organization or company. If there is enough
identifying information that those who know the person will recognize the statement as being
about him or her, that can suffice. If you write on your blog that one of the five hundred
students in your community’s adult education program is a reckless driver who routinely runs
stop signs, with no additional identifying information about which person you have in mind,
you’re on safe ground under libel law. Even if the reckless driver reads your blog and knows
you were talking about him, that’s not apparent to others. However, if you instead identify your
subject as the student who drives a blue Honda with an “Aspiring Crash Dummy” bumper
sticker, now others may know who you mean and the requirement that the statement be of and
concerning the plaintiff is met.

The false statement actually harmed the reputation of the plaintiff.

Your statement may be insulting or upsetting to your subject. Your statement may even be
offensive, but that is not enough under defamation law. In order for a statement to be actionable,
it must have caused harm to the plaintiff’s reputation. a defamatory statement is a false statement
of fact that exposes a person to hatred, ridicule or contempt, causes him to be shunned, or injures
him in his business or trade. In most jurisdictions, as a matter of law, a dead person has no
legally protected reputation and cannot be defamed. A company or organization can be a
defamation plaintiff. In fact, the largest damage award ever uttered by a jury in a libel case
($222.7 million, but it didn’t stick) came in a case brought by a business plaintiff.

The statement was published with some level of fault.

Fault requires that the defendant did something he should not have done or failed to do
something he should have. At a minimum, the plaintiff will need to prove that the defendant
acted negligently. If the plaintiff is a public figure or public officials, he or she must prove that
the defendant acted with actual malice, which is much more difficult to prove.

public figures and private figures

Public Figures
Definition: An individual who is so famous, powerful, or influential that he or she is subject to
public interest and scrutiny. Public figures include movie stars, elite professional athletes, and
the heads of major corporations. The passage of time does not affect one's public figure status as
long as the original source of fame is of continued interest to the public
Private Figures
A private individual who does not fall under the category of public figure.

Ways to Protect Yourself from Defamatory.

However, there are several ways for us to protect our self from defamatory. It is very important
for a journalist to have thorough, fair and accurate in what you publish, and carefully attributing
your sources and quotes. It also means not phrasing statements in a way that may result in
unintended or unsupported implications. We also must remember to strive to be as accurate as
possible in giving our statement. The uses of reliable sources also very crucial in quota ting
someone’s work. The better your sources, the better your chances are in court. Remember, there
actually is a privilege for “fair reports” of accurately quoted official records and proceedings
Next would be willing to correct or retract your mistakes. If you publish something and someone
asks for a correction or retraction, investigate the challenge carefully. If you find you got it
wrong, remove any inaccuracy and issue a correction or retraction. Then, be cautious in
publishing negative information. Last but not least give special note so that other bloggers can
comment.

Introduction to Invasion of privacy

When you publish personal or private information about someone without his or her permission,
you expose yourself to potential legal liability even if the information you publish is factually
accurate. For example, most states have laws limiting your ability to publish private facts about
someone and recognizing an individual's right to stop you from using his or her name, likeness
and other personal attributes for certain exploitative purposes, such as for advertising goods or
services.

False Light
A false light claim is similar to a defamation claim, but with at least one key difference: Under
false light, a plaintiff needs to show that he or she was placed before the public in a false light
that would be highly offensive to a reasonable person.
Commercial Misappropriation
Commercial misappropriation, which is sometimes called the right of publicity, is similar to a
copyright claim. It protects an individual’s right to profit from his or her likeness or persona and
prevents another from usurping that right without permission.
This legal claim usually applies to the use of someone’s name or image in a commercial setting,
such as in advertising or other promotional activities.
Intrusion
This is a cause of action designed to protect against an intentional, highly offensive intrusion into
the plaintiff’s solitude, seclusion, private affairs or concerns
 Peeringinto someone’s home or private place
 The unauthorized recording or photographing of a person in a place where he or she has a
reasonable expectation of privacy

Publication of Private Facts

The publication of true but private facts about an individual can give rise to a cause of action for
publication of private facts if the matter publicized is:
1. highly offensive to a reasonable person AND
2. not of legitimate concern to the public
Common examples of private facts include information about a medical condition , sexual
orientation and history, and financial status.

how you can protect yourself

There are several things you can do to avoid invasion of privacy liability.
Reporting on topics and facts that are legitimately newsworthy typically will not invade the
privacy of individuals portrayed in your work or unlawfully exploit their names or likenesses. If
you rely on publicly available information, such as property records and public financial
information, it is unlikely that your publication of that information will invade someone's
privacy. Consent is generally a complete defense to privacy claims. When interviewing someone
or taking photographs for later publication, it is good practice to seek consent to use the
information

Introduction to copyright infringement

A basic understanding of copyright principles is essential for every blogger, reporter,
photographer or anyone else who publishes online. In essence, copyright law protects the results
of creative efforts, called "original works of authorship" in legal terminology.
What can be copyrighted
Copyright, according to the Copyright Act, applies to "original works of authorship." The Act
lists examples of types of works that qualify:
• Literary works
• Musical compositions
• Dramatic works
• Pantomimes and choreographic works
• Pictorial, sculptural and graphic works
• Audio-visual works
• Sound recordings
• Architectural works