Defamation And The Internet

The law clearly shows that it is possible to defame an individual via the internet.  What is not so clear, is what can be done about it.

The following will provide a brief guide on defamation and the internet:-

It is relatively easy to “track” the particular computer which sent out a defamatory email, or was caused by a cracker to alter particulars of a website or newsgroup.  A fragment of evidence is always left behind.  It is, however, virtually impossible to prove who sat at the particular computer and typed in the defamatory material. 

The internet is global, this means that publication occurs world wide.  Anyone and everyone may view defamatory material. 

Because the internet is global there are issues of jurisdiction.  This has implications relating to enforcement.

Even if it is possible to locate the particular person who caused the defamatory material,  the law cannot always successfully be enforced.  For example, if the case is decided on an ex parte basis in Australia with an American defendant.  Clearly American law on defamation differs from Australian law, therefore  how can the laws of Australia be enforced upon an American citizen who may have complied with his own domestic laws.

Hyperlinks allow users to “jump” from link to link, possibly without realising they have entered a new site.  Thus hyperlinks blur the line where one publication ends and another begins. 

The internet is anonymous.  It is not always possible to find the author of defamatory material.  However, it seems that in cases where the author cannot be found, defamed persons look to hold intermediaries liable for hosting or carrying defamatory material

Finally, as this area of law is still developing and is an area involving international jurisdictional issues, it is highly plausable that you as a defamed person will not be as successful as the traditional defamation plaintiff.

Should you have any queries, please do not hesitate to contact me.