Blogger Sued Over Blog Comments

The Blog Herald: “The guru behind SEO Book Aaron Wall is being sued by Traffic-Power.com in relation to comments left on his blog by other people.”

Technorati Tags: Law, Legal

Comments

[BJ Fischer]

This is something Warren Kinsella, a Canadian political operative, has mentioned in his blog @ www.warrenkinsella.com. If you publish something defamatory, even if you didn't say it, you could be liable. I would guess anyone with a blog with comments would want to take this threat seriously.

[Jeremy Pepper]

As a PR person, Steve, what's your counsel?

I have written twice about libel, and it's implications for blogs, and admitted that it was a quandry. As someone that pushes his agency's clients to blog, what is yours and CK's advice to clients?

If there's any issue that is "on how blogging, podcasting and citizen journalism are impacting marketing communications," it's libel.

[Phil Gomes]

This will be especially interesting since media law has always been very concerned with the concepts of "prior restraint" and a "chilling effect". In this case, we're talking about a form of self-expression (blogging) that would potentially be blunted if there was an overhanging threat of litigation based on a key part of that self-expression (offering outside comments).

However, IANAL...

[Justene]

I dealt with this threat rather successfully in CA. Unfortunately my bar license doesn't let me practice in PA. My opinion is that the Communications Decency Act protects the blogger where, as here, the blogger is willing to remove comments if they are untruthful. PA may also have an anti-SLAPP law designed to protect speech and requiring the plaintiff to come up with proof before letting the lawsuit proceed. Aaron's got to be willing to stand firm though.