Academic

Malloy on Anonymous Blogging & Defamation

By Lawrence Solum

Betsy Malloy (University of Cincinnati - College of Law) has posted Anonymous Blogging and Defamation: Balancing Interests of the Internet (Washington University Law Review, Vol. 84, p. 1187, 2007) on SSRN. Here is the abstract:

As more and more people create personal websites and blogs, courts are more frequently asked to rule on questions related to the Internet boom. Specifically, an issue has arisen concerning what standard to apply in defamation suits brought against anonymous bloggers. Courts have wrestled with producing an appropriate standard for revealing the identity of an anonymous blogger who posts allegedly defamatory material on a message board or website. Recently, in Doe v. Cahill, the Delaware Supreme Court created a strict standard that makes it extremely difficult for defamation victims to bring suit against anonymous bloggers. The standard created is far too sympathetic to anonymous bloggers and fails to address important issues facing victims of defamation.
It is important not to silence communication on the Internet, but it is just as important not to silence victims of defamation. Therefore, this comment argues for the protection of libel plaintiffs facing defamatory comments from anonymous bloggers.

Full post as published by Legal Theory Blog on February 18, 2008 (boomark / email).