A friend pointed me in the direction of an interesting article over at http://jonathanfields.com about whether someone else’s comments, on your blog, can land you in court. Interesting question and Jonathon doesn’t provide an answer but he does provide an interesting scenario.
In many blogging platforms, anyone can comment without any moderation. The owner of the blog often has no control over who comments, what they say, or the manner in which they say it. The blogger does not control the truth of the matter or whether it is libelous.
But what about blogs such as Social Media, Esq., where comments are moderated? When you leave a comment on one of my posts, it enters a queue and I get an email informing me that I need to approve or disallow a particular comment. By approving and publishing a false, inflammatory, or libelous comment, have I opened myself up to liability? Most certainly, choosing to publish the comment counts as “publication” for purposes of libel law. See Am. Jur. 2d Libel § 241. But bloggers can find solace in a 2004 decision from the Appellate Court of Illinois:
However, a republisher cannot be held liable unless the plaintiff establishes by clear and convincing evidence that the statement was published with actual malice, that is, with knowledge that the statement was false or with reckless disregard as to whether it was false.
Brennan v. Kadner, 814 N.E.2d 951, 959 (Ill. App. Ct. 2004). Be careful though, republishers of libelous statements cannot escape liability by claiming they are simply republishing the libelous statement of someone else. Moreover, “the republisher is subject to liability even if he or she expresses disbelief in the republished statement.” Am. Jur. 2d Libel § 241. Of course, you should still be careful with what you let onto your blog. Freedom of speech and expression is great. Remember that, as a blogger, you have a right to exercise that right too.
Thanks to Jonathan Field’s “Can Someone Else’s Comment Land You in Court?” post for giving me a research topic for the afternoon!
