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Oracle Tips by Burleson |
Web Stalkers
Chapter 5 -
All About Cybercrime
Note: This is a literature review
prepared by a non-lawyer and this research may not be construed as
legal advice. If you are seeking legal advice of qualified
attorneys, consult your local Bar Association, not these web pages.
See these pages for more details.
Libel and the Internet
With respect to the Internet, defamation claims
are generally filed for comments made in message boards or other
posted material. This would make them libel, so these cases are
frequently termed cyber-libel. Often people will disagree with a
statement made about them either in the printed media or on the
Internet. Their reaction is to talk about a lawsuit for defamation
of character. Even if the statement is false, it does not
automatically mean that it is defamation. In order for a written
statement to be libelous, it must not only be false; it must also be
harmful.
One common trick of libelous conspiracies is to
use circular references and republishing to avoid direct
responsibility for their acts. These acts have no protection under
US laws and the courts are recognizing that republishing libel, even
through linking to a libelous article, is a legitimate cause for
action.
Malice and Libel
There are several criteria used to determine
liability for false publications about anyone on the Internet:
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Malicious Intent – The offender intends for
publication of the statement to result in harm to the victim’s
personal interests.
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Reckless Disregard for Truth – The offender
knows that the statement is false or acts in reckless disregard to
its truth or falsity.
There is an additional standard for public
figures (politicians, celebrities) whereby actual malice must be
proven for a Libel charge to be valid. In recent U.S. cases, a new
concept called Limited Purpose Public Figure (LPPF) has been
created.
If an individual is deemed to be a LPPF then
they have the additional burden of proving actual malice on the part
of the offender. The U.S. Supreme Court developed a two-part
inquiry for determining whether a defamation plaintiff is a LPPF:
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