Terzoglou 1

Georgy Terzoglou
Professor Lyons
COM 358 A
May 10, 2015
Libel and Slander in the Digital Age
With todays modern technology advancing more and more each day, more problems
occur in the digital age regarding privacy and different kinds of legal issues. A current problem in
the digital age is the concern of libel and slander. According to law officials, libel consists of the
publication of defamatory matter by written or printed words, by its embodiment in physical
form or by any other form of communication that has the potentially harmful qualities
characteristic of written or printed words (Conway-Jones 19). Slander, consists of the
publication of defamatory matter by spoken words, transitory gestures or by any form of
communication other than [by written or printed form] (Conway-Jones 19). There are currently
many online defamation laws set to avoid these issues of libel and slander and to properly
prosecute the individuals who are legally responsible for what they are disclosing online for
everyone to see.
According to the Electronic Frontier Foundation, defamation is a false and unprivileged
statement of fact that is harmful to someones reputation, and published with fault, meaning as
a result of negligence of malice. State laws often define defamation in specific ways (Electronic
Frontier Foundation). When the person is a public figure, defamation laws seem to become more
prevalent and prominent. The public figure must be able to prove that there is actual malice in
the accusation. Because the digital age and technology keep advancing as the years progress, it

Terzoglou 2
is becoming more and more of an issue today. All blogs and mainstream media have the same
constitutional protections as mainstream media. The United States Supreme Court states, in the
context of defamation law, the rights of the institutional media are no greater and no less than
those enjoyed by other individuals and organizations engaged in the same activities (Electronic
Frontier Foundation). When people start expressing their thoughts and ideas online mediums,
such as blogs and different social media sites, anyone who repeats someone elses statements is
just as responsible for their defamatory content as the original speaker if they knew, or had
reason to know, of the defamation (Electronic Frontier Foundation). Many users do not realize
they are still responsible, even when they are reposting other comments that are considered
defamation. In most places in the United States, there is statute of limitations on libel claims, in
which the person cannot sue over the false statement. Some examples of libel in previous
California cases include, charging someone with being a communist (1959), calling an attorney
a crook, describing a woman as a call girl, accusing a minister of unethical conduct, and
accusing a father of violating the confidence of son (Electronic Frontier Foundation). Another
kind of libel that is considered defamation is trade libel. Trade libel, is defamation against the
goods or services of a company or business (Electronic Frontier Foundation). An example of
this kind of libel would be a person claiming they found hair in their food at a restaurant when, in
fact, that was not the case.
Defamation in the digital world has become increasingly easier as more and more
opportunities have become available with heightening technological advances. So many different
kinds of technology, such as, e-mailing, text messaging, blogging, and social networking
(Twitter, Facebook, MySpace, and YouTube) (Grant). According to Grant, when opinions are
stated in a public arena as matters of fact, they may prove injurious to someones reputation,

Terzoglou 3
making them actionable (Grant). In the heat of the moment, people may take to their e-mail or
social media accounts and write fictional and malicious information that could potentially
denounce someones reputation. It is easier for individuals to prove libel because there is
documented evidence involved, written in words. When individuals are accused of slander
through the digital age, possibly through a deleted YouTube video or Facebook video clip, it is
tougher for them to recall what was said from memory and actually be able to prove what was
essentially said.
Another place where defamation on the Internet is relevant is online chat rooms.
According to Conway-Jones, A chat room is a place where two or more individuals connected
to the Internet have real-time, synchronous conversations (usually text based) by typing
messages into their computers (Conway-Jones 20). People gather in these groups to talk about
similar interests and to connect with another. In these groups, everything that is said and typed is
shown for everyone to see. Sometimes, chat rooms are moderated whereby certain messages
are not broadcast because they do not conform to the standards set up by the operator of the
service (Conway-Jones 20). Messages can be blocked based on their content. Any kind of
blocking can occur on these online chat rooms for reasons like, discussion off the topic, bad
language, or repeat messaging especially undesirable or obscene text, known as flaming
(Conway-Hones 20). In todays modern age, a lot of online chat rooms are what they called
open, meaning the messages can be automatically posted without any human intervention. Users
and individuals can potentially be accused of libel for what they are writing in these chat rooms.
It is important to for users to be careful and watch what they are putting out there on the Internet
for everyone to see. With advanced technology and the Internet, nothing that is put out there

Terzoglou 4
disappears. It is very easy for individuals to use what was said over the Internet, or specific chat
rooms, as evidence in a case of libel.
With online defamation being a major issue in the digital age, many individuals fail to
understand the difference between free expression and defamation. According to Dempsey:
Human rights instruments do not prohibit defamations laws. To the contrary, they
implicitly endorse them by recognizing the rights to reputation and privacy. However, if
not carefully applied, defamation laws can have a chilling effect on speech, hampering
the free expression right of both those expressing themselves and those entitled to receive
information, opinions, and ideas. Moreover, if speakers are subject to the laws of any
country in which their remarks can be accessed, local defamation laws can pose a risk to
free expression globally. (Dempsey 2)
The defamation laws are made in order to protect the public reputation of individuals. Law
officials say, A defamation law should be limited to protecting against false statements of fact
that cause damage to their reputation (Dempsey 3). Many human rights activists believe these
laws are extensive against people being able to express their own thoughts and opinions.
Individuals for online defamation laws believe they are able to protect against anything that may
harm the reputation of someone, especially important public figures, like politicians and
advocates. Human right advocates claim, freedom of expression includes the right to share
views and opinions that offend, shock, or disturb, crafting a defamation law and applying it in a
way that does not violate the principles of free expression are difficult but essential (Dempsey
3).

Terzoglou 5
Recently, in March of 2015, a defamation lawsuit in the public eye was settled regarding
the lawsuit of Roger Clemens ex-trainer. Several years ago in 2008, Clemens claimed online
through social media that his former trainer was disturbed and that he was able to gather
evidence that his trainer used steroid injections. Brian McNamee, Clemens ex-trainer, claimed
all these statements to be false and sued Clemens for libel and defamation. McNamee was able to
accuse Clemens for libel because of the-so called false statements made by him could hurt his
reputation as a trainer. In March 2015, McNamee and Clemens representing teams reached a
settlement following this lawsuit and dispute that has been going on for over seven years.
According to the New York Times, As a result, McNamee will receive an unspecified payment
from Clemenss insurer, AIG, which also took part in Wednesdays negotiations (Shreiber 1).
Clemenss legal team assured to the public that any payment made to McNamee would not be
coming directly from Clemens, but from his homeowners insurance policy that covers any kind
of defamation claims. This recent and public example of defamation shows how prevalent the
issue is todays society. Anything can be said or written online that falsely accuses people of
wrongful statements, defaming their credibility and reputation.
Online and digital age cases of libel and slander are considered to be defamation.
Individuals find themselves expressing their thoughts though the online world, not realizing what
they are saying can actually harm someones reputation and actually be defaming other users and
individuals. The user responsible for defamation is the one making the false statements and
claims about other individuals and users online. If that statement made by a user or individual is
a false claim and harms the status or credibility of someone, they have the ability to file legal suit
against that user or individual. That person responsible for the so-called libel and or slander
would face prosecution and would face consequences based on the claims made. Now that

Terzoglou 6
technology keeps advancing and everything is posted on the Internet stays forever, it is much
easier for people to find false claims and accusations made. As the years continue, it will occur
more often and be much easier for people to fall under these allegations of libel and slander in
the digital age.

Terzoglou 7
References
Conway-Jones, Danielle M. "Defamation In The Digital Age: Liability In Chat Rooms, On
Electronic Bulletin Boards, And In The Blogosphere." ALI-ABA Business Law Course
Materials Journal (2005): 17-21. Web. 01 May 2015.
"Defamation, Libel & Slander - Nolo.com." Nolo.com. N.p., n.d. Web. 01 May 2015.
Dempsey, Jim. "Defamation In the Internet Age: Protecting Reputation Without Infringing Free
Expression." Center for Democracy & Technology (2012): 1-16. Web. 01 May 2015.
Grant, Daniel. "What Is Defamation? Libel and Slander Definition & Facts." The Artist's Market
Online Blog. N.p., 03 Oct. 2014. Web. 01 May 2015.
"Online Defamation Law." Electronic Frontier Foundation. N.p., 25 Aug. 2011. Web. 01 May
2015.
Schreiber, Jay. "Defamation Lawsuit by Roger Clemenss Ex-Trainer Is Settled After 7 Years."
The New York Times. The New York Times, 18 Mar. 2015. Web. 01 May 2015.
Vinton, Nathaniel, Michael O'Keeffe, and Teri Thompson. "After 7-year War, Roger Clemens
Pays Brian McNamee." NY Daily News. N.p., n.d. Web. 09 May 2015.