Any type of slander and libel is very dangerous. False accusations not only destroy friendships, but also break down relationships, and make for disasters in the workplace. In worst-case scenarios, defamation of another individual can bring legal issues to your doorstep—and likely will. (You can read my past article that scratches the surface of defamation here)
This article will answer how to stay away from online defamation. Make sure anything you publish online already has been factually proven.
This post will inform professional bloggers and other online journalists what to look for, and what to avoid that will help you understand. Read more to learn about online defamation and be sure to stop by my SERVICES page to have your work professionally edited by me.
Let’s begin!
If you are unsure just what online defamation really is, then we should discuss its definition.
To all my fellow bloggers out there who research their topics so thoroughly that days go by before they begin writing their articles, allow me to congratulate you on your hard work. We need more people like you.
However, most journalistic topics involve the discussion of certain people. Now, that is where it gets tricky. Even if you didn’t badmouth them on your blog, they might take it personally and consider your digital opinion as false. Lawsuits may fly afterward.
You can Google defamation of character and come up with a textbook answer (which I already have done many times). Here is the best definition of defamation that I will provide for you:
What is Online Defamation?
As a blogger, if you publish false information that damages an individual’s reputation, in either or both their personal life and their professional life, that is considered defamation of one’s character.
Simple.
Easy to understand, right?
To reiterate a point I wrote in a previous article, “Copy Editor and Writer: A Union of Prestige and Respect,” the keywords “libel” and “slander” are likely the most common you will hear as a blogger. They are at the core of what American citizens and the free press can say and must abide by to stay away from legal troubles. Here are additional keywords and their definitions you should know:
Slander
Slander is spoken defamation.
Because American free speech and free press, protected under the First Amendment, is absolutely vital to our existence in the United States, slander is difficult to prove. Slander falls under opinion, most times. And is typically reserved for individuals rather than groups. As a blogger, your nature is to physically write, which means slander isn’t really a concern.
Libel
As a blogger, libel is your archnemesis. This is the one you must ensure that you stay clear away from at all costs.
Whatever you decide to write and publish about someone or something better had been factually provable. Otherwise, you are placing yourself in harm’s way and risk having your reputation destroyed or face lawsuits.
Publication
You would think that “publication” is quite straight forward. Any blogger or writer, journalist or broadcast media that allows opinions or facts they have gathered beforehand to enter newspapers, websites, magazines, and books counts as publications.
Technically, the term “publication” really is about you, the blogger, relaying (publishing) information/opinion about someone else (a second party) to another person (a third party). Think of it as professional gossip in print.
But, the term should be treated more broadly to be understood correctly.
These days, as a blogger, you must take the internet, and especially, social media into account. Any Facebook post, Instagram video, tweet, etc. all count as published information that has the power to inform facts or defame. Tread very carefully.
Allegedly
Many bloggers believe that attaching “allegedly” to their post will, somehow, free them from defamation. If the statement is discovered as untrue and isn’t used with journalistic privilege (see below), they still may endure trouble. Judges tend not to make any specifications between blatant and assumed defamation. Just don’t use allegedly and you will be fine. Get some real, hard facts instead.
Falsity
This is how defamation begins. Think of it as someone beginning a rumor. People love to gossip—and bloggers are not exempt. Bloggers, unfortunately, have the digital reach to destroy lives because of their rumor spreading or lazy journalism.
An example can occur when a blogger, or YouTube vlogger, knowingly omit facts from a story. Why would any credible blogger do such a thing? Do they not care about their reputation as a serious journalist?
Many of them do not know nor do not care about proper protocol mainly because they have not been trained to care. These people are playing with fire when they report the news and leave out facts to support their own cases. This is one of the reasons why the world is viewing an onslaught of fake news. Anyone with a smartphone and internet connection can report the news. That is dangerous because many of these wannabe “journalists” do not abide by the same rules as legitimate journalists.
Bloggers have opinions just as media outlets do, but bloggers can work independently. Therefore, they are not governed by supervisors who ensure the information they have gathered is factually provable. This is not to say that large news media outlets don’t purposely omit information to support their narratives. They do, as well. But we are discussing bloggers here.
Because bloggers work alone (for the most part, another reporter or photographer might accompany them), they have opinions of their own. They are generally in control of their own media outlet. And because of this freedom from authority, bloggers, many times, report subjective stories.
However, this ease of subjective reporting by bloggers does not go without its punishments. Defamation among bloggers is common, especially when they omit information. Social media platforms, such as YouTube, Facebook, and Google, have the power to strike restrictions on their accounts. In some cases, their social media platforms have been demonetized. Other times, they have been banned altogether.
Reputation Destruction
It is impossible not to connect online defamation to general gossip you might hear on the street or at home or in the workplace. They both have the same results in mind: discredit another individual, either personally or professionally, through various tactics and hope that discrediting removes that individual from his or her current or potential position.
Published online defamation may come in multiple forms, such as:
- claiming an individual has made offensive remarks about another’s sexual orientation, gender, race, religion
- alleging an individual (or corporation) has, or currently is, engaged in unethical business practices
- claiming an individual has an STD or other diseases that will cause harm to others
- declaring an individual has been dishonest in the past and implying they will be dishonest in the future
- claiming the position he or she holds is insufficient because of the person’s incompetence
- claiming as fact that an individual has a mental illness that will impede his or her future work
- pretending that an individual is part of a hate group
These tactics, while used to destroy someone personally, are more commonly used to inflict negative consequences from the target’s current employer and to hinder future work possibilities.
Does Publishing Content Anonymously Deter Defamation?
No.
Unless you are a Neo-from-the-Matrix-hacker who can blog without leaving a trace, you shouldn’t do it. And more importantly, you shouldn’t do because it isn’t professional.
Plus, if you do try to publish content that degrades another person, you will get found out. Internet service providers have the right to supply your name and information about you when legally ordered.
How does Status Affect Defamation?
This section is important for all bloggers. Rarely are bloggers ever publishing material about everyday citizens. Most blogs and vlogs report about Americans in high positions. I mean, of course, celebrities and politicians. There are different legal stances that pertain to private and public citizens.
Bloggers beware publishing about private citizens!
Any non-public figure is considered private. Like me and probably you. We are just average Joe’s, paying bills, taking care of our families, and trying to do some good in this world before our number is called. Because of our “averageness,” when a blogger hits that publish button, they have the power to dramatically change our lives. Therefore, courts may tend to favor average citizens in a defamation lawsuit. All that needs proving is negligence on the blogger’s part.
What about Celebrities and Public Figures?
Pervasive figures
- These are the Hollywood celebrities, the musicians, the actors, the athletes, the TV personalities, and entertainers that we see on television, the internet, and in movies every day. Their lives are public. They know it. We know it. And because of their status, defamation lawsuits are difficult for them to win. Their status puts them in different strata than the average Joe. Bloggers and journalists (i.e. tabloid magazines) commonly run articles about these public figures all the time without fear of recourse from them.
- Examples of public figures: Kim Kardashian; Kanye West, Eminem, Brad Pitt; Leonardo DiCaprio.
Limited-purpose figures
- Think of these figures as pervasive a well, but not in the same extreme as celebrities. Even for these types, claiming defamation is quite difficult. Politicians and leaders of community organizations are considered limited. Sometimes, an average Joe who saves a person’s life becomes thrust into the media suddenly becoming a limited-purpose figure. Now, they still must suffer the same difficulties if he or she is claiming defamation from a blogger or journalist. Unlike with private figures, negligence isn’t enough to win a defamation lawsuit.
- Examples of limited-purpose/public figures: church organizers against abortions; community organizers for baseball scholarships; a parent who is the head of a PTA committee.
Can Parody and Satire Lead to Defamation Issues?
Satire and parody are usually easy to distinguish because they are done without malicious intent (usually). Used for comical intentions, America has had countless amounts of television shows, movies, newspaper articles (and many more than I can name) that classify as satire and parody. Overall, America loves to see public figures playfully mocked. And for the most part, the targets have no problem with being parodied. In the 21st century, it is expected to have yourself parodied on Saturday Night Live or online. It is so common that some public figures see it as a compliment.
Although 99% of the time, public figures are not outraged at their parodies, a defamation lawsuit may rear its ugly head from time to time.
For bloggers to reduce this chance they should include the satire/parody on specific blog pages that are clearly labeled for such comicness. Also, bloggers should use an obvious headline that will inform readers that what they are about to read is untrue. Next, if your site never has published satire previously then you should have a second thought about publishing it. Some readers may take the satire seriously because they are not used to such antics. Finally, use goofy names and scenarios in your satire that can in no way be mistaken for facts. Think about including a disclaimer noting that it is for entertainment purposes.
Should you Post a Correction?
Yes.
Newspapers, blogs, vlogs, and most media outlets all have posted corrections from time to time. It comes with the job. Sometimes simple corrections will be made from a customer complaining of wrong dates that were published or wrong spelling. It happens. And it is an easy fix for a blogger. With just a few keystrokes, the problem is corrected. Maybe the blogger will even write a personal email to the individual who noticed the error.
The same goes double for material that is defamatory. If alerted that you have language or information on your blog that is considered defamatory, you should investigate it ASAP. Actually, you should feel lucky that you were given a chance to correct the issue first. Sometimes, that opportunity won’t happen. You’ll just receive a letter in the mail notifying you that a lawsuit nears.
That is the worst-case scenario, however.
If you have a chance to correct any defamatory info, you should rightly analyze it first. Do so very closely. Do not just reword it. It may still imply the same meaning. In fact, it may not be defamatory language at all. It may just be information the offended party wants off your site. Before you act, make sure the information has been proven. If the info is factual, then leave it. If not, fix it quickly and issue an apology.
A very common element everywhere today is “cancel-culture” that wants to rewrite history. I am referring to your archive data. Perhaps, your blog has articles from many years ago that may or may not contain defamatory remarks about an individual or organization. Surely, at some time, an internet troll who has nothing better to do with his life will stumble upon it. He might demand that you change it or face legal action.
Rather than go back in your archive of hundreds or thousands of articles, simply place a highlighted section that informs users of the possibility that defamatory remarks may exist in the archives in its original form.
Problem solved.
Does Defamation Apply to Bloggers Every Time?
Freedom of the press grants journalists and bloggers (sometimes) a certain amount of slack to report the news without the worry of defamation. However, certain conditions (research capabilities/quick deadlines) must present themselves first as a hindrance before those privileges are allowed.
How does a blogger’s opinion connect with defamation?
Bloggers and journalists jobs literally depend on expressing their views that the public feels are important. This can range from political and social justice topics to bloggers critiquing products. This falls under the opinion and fair comment privileges that protect journalists from legal ramifications. It depends on what the blogger used as fact and opinion to state in the article. What can be proven as factual?
Something that many readers of the news media seem to misinterpret is how the statement was said, or its context. You hear that from people who were (mis) quoted as stating their points and end up having to defend them. This “defense” usually happens because when publishing online, it is nearly impossible to describe the tone of voice, body language, facial expressions, and other details that go along with context. Dialogue may involve sarcasm. But, you wouldn’t know that because you cannot tell from just the quoted words published online.
Editorial and opinion sections of a media site are not without its restrictions either. Granted, the aforementioned sections allow for a “freer” voice different from the strict objectivity of the other sections. However, it still must maintain a policy that does not allow for rumors or allegations by the blogger. Defamation claims may emerge.
What does it mean for a blogger to act with fair reporting?
The fair report primarily involves journalism about the government. This includes covering council meetings, major trials, and anything that connects with city or state officials. A blogger investigating such events are disregarded from responsibility. They are merely reporting on stated facts that have come from government-involved parties. For example, if a blogger publishes a piece or a quote from a city official—and it is later discovered that the official has provided false witness—the blogger is not held accountable. The blogger simply, and without intent, published what was stated to or by a government official.
What is neutral reporting?
This may protect a blogger from republishing allegations concerning public officials. Bloggers must tread lightly. This goes back to rumor spreading. Reporting “he said, she said” claims about anyone is immature in general and might be headed for a defamation suit. Because a popular person (celebrity or known official, etc.) makes a serious claim against another person of equals status, the blogger must think twice before publishing. Again, without concrete facts, the blogger must act as a conduit of gossip. The blogger must make a judgment call and decide if he or she should get involved. Is it worth it?
Blogger Beware!
The best advice I can give you is to make sure the information you publish on your blog is factual. Don’t just rush into it. Do some digging first. Do research. You are a blogger, a journalist who deserves respect.
Check out my other articles on the free press, copy editing, and copywriting for more great info. For examples of libel, check out this link here.
And for any writers looking to have their work reviewed by me, check out my SERVICES page. Message me with any questions.
And if you want to amplify the suspense in your short story or your novel, you can purchase my eBook here.
Keep writing!
~M