Internet slander is defamatory comments made on the internet that can damage a person or business’s reputation. It can be prosecuted in civil or criminal court. The line between slander and defamation is blurry, and statements of opinion are protected as free speech. Defamation can be defended by proving the information was true and in the interest of the common good.
Internet slander is a form of slander that takes place on the Internet or is posted on Internet websites, forums, or message boards. Such posts are generally considered defamatory if they are made in an attempt to defame a person or business or damage that person or business’s reputation. The claims usually have to be false or be made in an attempt to be harmful without demonstrating any real interest in the common good. Internet libel is a specific form of libel and can usually be prosecuted in civil or criminal court just like any other type of libel.
Slander generally refers to defamatory comments spoken aloud or in a context that is only passing and not necessarily of long duration. Libel is the term used to refer to forms of libel that are fairly permanent and made in writing or in a similar medium such as a book, newspaper, magazine or Internet site. Also sometimes called cyberslander, Internet slander can also be referred to as Internet libel, and the nature of this distinction typically depends on how the libel occurs. For example, a post on a forum or in a chat room may not be considered permanent as it is somewhat more transient in nature and akin to slander than defamation.
However, Internet libel can be a misnomer, as information posted on the Internet, even in a way that may be transitory, can be remarkably long-lived. The transition of information on the Internet from a single post in a chat room to repeated postings on numerous websites, forums and message boards can be nearly instantaneous. This means that the line between slander and defamation on the Internet can be a little blurry, and many courts are still working to establish the fine distinction enjoyed by written and oral defamation.
Most Internet slander cases can be brought against the person who posted the information from the person or organization in question. A person accused of defamation on the Internet typically needs to defend himself by proving that the information was true and in the interest of the common good, or that it was published as opinion and not fact. Statements of opinion, even defamatory ones, are protected as free speech; when the claim is made as fact, however, that is when it can be considered libel and slander.
In some cases, libel can be defended simply by proving that the claim was true and truthful. However, this is not always sufficient as a defense and it may even be necessary to establish that the information is useful in some way and serves the public interest. Disclosing harmful ingredients in foods sold by a restaurant may be done in the interest of the greater good, while disclosing the restaurant owner’s sexual orientation is less likely to be considered beneficial and may be grounds for a defamation lawsuit.
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