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Internet libel is false or damaging statements made online. Defamation suits require proof of false claims and damage to reputation. Public figures must prove actual malice. Jurisdictional issues make lawsuits difficult.
Internet libel refers to false or reputational damaging statements made on the Internet. It is a specific form of defamation, which is a cause of action available when an individual makes an express or implied claim about someone that is designed to produce a negative reaction. In other words, if Joe falsely claims that Sally is a thief on her web page, Sally could potentially sue for Internet defamation.
To support defamation on the Internet, the standard elements of defamation must be proven. There are two different tests to determine whether defamation has occurred, depending on who is being defamed. Individuals are protected from defamation more than companies or businesses. It is sufficient for the defamed private citizen to demonstrate that the false and/or disparaging statements have been made and that he has consequently suffered damage to his reputation.
In order for a business or public figure to bring a defamation suit, the business must prove that the complainant acted with actual malice or contempt for the truth. This standard was set in the United States in a case called New York Times v. Sullivan, in which the New York Times was accused of making false claims. According to the judge, if a public figure, business or government agency wishes to bring a libel suit, it must prove that the person or agency making the false and derogatory statements knew the statements were false when they made them , and/or was very rash in determining whether or not the claims were true. This means that if the president of the United States or a famous actor wishes to sue for libel, he must prove that the suing party either didn’t care that the claims were not true and did not fact check or that the person who made the the deliberately lied statements.
Having an Internet defamation lawsuit can be difficult due to jurisdictional issues. To sue, the plaintiff would have to find out exactly who is defaming him. The plaintiff would then have to sue that person or entity in a state where the defamator has sufficient connections to confer state authority over him. Since Internet websites are often global, finding an appropriate place to sue for Internet defamation is generally a tricky matter. When the plaintiff is able to bring proceedings, the cause of action is considered to be a tort lawsuit, and he can obtain pecuniary damages if he proves the required elements of his cause.
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