Monday, August 16, 2010

My defamation defense


The great thing about being a blogger is that we're protected under the same laws as traditional journalists, but I'm jumping ahead of the story.


Back in September of 2009, I received an email from an old acquaintance who had taken issue with her full name appearing on my blog. The blog in question was talking about my plans for the week and simple stated this:
Monday: Go into work at 10am. After work, take MARTA down to Turner Field where I am meeting my friend [insert name here] and possibly 1-2 others for the first Braves home game.
I responded that I couldn't help her out and wished her well. Of course, that didn't go over well. She simply didn't understand why I couldn't take a few minutes out of my day and edit her name out of the post.

The answer is simple: It's a matter of principal. As long as the statement is factual in nature, I am protected if I use someone's full first and last name.

Here's where the story gets good...

There were two additional posts where this person's full name was being used. The first referenced a keg party she was throwing and/or attending at school, and the second was about her always arriving late to an event, or not showing up at all.

As it turns out, she has "been approached by potential employers about these posts which make [her] look irresponsible (not showing up when [she says she] will and as some kind of party animal). No reputable agency will want to hire [her] based on these posts, and [she] is willing to fight to get them removed."

I was then threatened with a defamation civil suit.

My response was right to the point:
  1. I'm protected as a journalist (see top of post).
  2. It isn't libel (defamation in a tangible medium) if it's true.
  3. Statute of Limitations for libel is one year (OCGA §9-3-33).
The 3rd point is really the kicker... since the alleged libel occurred in 2006, and even if she did have a case, it is 3 years too late to do anything about it.

End. Of. Story.

Give into the peer pressure, post a comment