Is there free speech on the Internet?
It would appear that there is – but bloggers should still follow a code of ethics, just like most publications do (even though they have the right to publish free speech), there still are legal boundaries and limitations.
A court recently ordered Google to hand over the IP address and identity of a blogger using its blogging system in New York, who defamed model Liskula Cohen by declaring her the “skankiest model in New York.”
To defend herself, Cohen filed a $3 million defamation suit against the no longer anonymous blogger, Rosemary Port, who, as it turns out, is an acquaintance of Cohen’s.
For her part, Port is reportedly looking into suing Google for revealing her identity, which she apparently presumed to be anonymous and private.
Google fought to protect Port’s anonymity, but lost after Cohen proved she was losing modeling jobs due to the remarks on Port’s blog.
However, this isn’t the first time the courts have seen a case like this. Recently, after a Maryland Dunkin’ Donuts store manager claimed anonymous posters in a forum were defaming him by calling his restaurant dirty, the court reversed an earlier decision to reveal the posters’ identity.
When people are able to hide behind an anonymous blogging name, they feel free to write whatever they so choose to, even if it’s not true.
But when someone’s byline is on the line, so to speak, a certain code of ethics and legal boundaries must be followed, or it means a lawsuit for the publication.
In the new era of online content and blogs, more ActionCOACH Business Coaches are working with businesses that actively blog. So what are the “rules of the game” for businesses that blog?
ActionCOACH counsels that all of its clients who blog should have a similar code of ethics seen in other print media.
It’s really not too “out there” of an idea – after all, many people depend on a variety of blogs for news and information nowadays.
In fact, several reputable publications with their own blogs – the New York Times, Business Week and Time Magazine – blog and add content with their code of ethics in mind.
Like gossip magazines, some blogs only write about gossip and rumors, but even gossip magazines have a code of ethics they follow to prevent lawsuits.
Similarly, for a lawsuit claiming defamation by a blog, recent legal guidelines asks the plaintiff to do the following:
- Notify anonymous parties that their identities are sought.
- Give the posters time to reply with reasons why they should remain nameless.
- Require plaintiffs identify the defamatory statements and who made them.
- Determine whether the complaint has set forth a prima facie defamation, where the words are obviously libelous, or a per quod action, meaning it requires outside evidence.
- Weigh the poster’s right to free speech against the strength of the case and the necessity of identity disclosure.
As a successful international company, ActionCOACH always advises that a codes of ethics be followed whenever it comes to blogging. Even on its own blog and blogs related to ActionCOACH founder and CEO Brad Sugars, there are certain rules and guidelines for blog content.
It’s important to stay consistent with business ethics, and no matter what business you’re in, it’s important to conduct all facets of business (including your blog content) in an ethical manner.
