Citizen journalists (aka "bloggers") are everywhere. And, for the first time in history, many are being afforded credibility similar, if not exact, to what has historically been afforded to traditional journalists. And while bloggers are typically different in their tone and style than a traditional journalist, they are still, as manufacturers of news and opinion, required to act appropriately.
Think of it this way: With credibility also comes responsibility.
The two words that journalists of all ilk should know and understand are slander and libel, otherwise known generally as defamation. When an individual makes charges, printed or verbally, with the purpose of hurting another emotionally and/or professionally, the person doing so could be charged with defamation. The actual act must go beyond the mere statement of opinion, especially when dealing with public figures, and often those making the charge must prove malicious intent on the part of the person making the statements. Many times, in order to determine if the statements were opinion or defamation, courts look at the context surrounding the statements.
"Defamation of Character is made with the intent - intentional or otherwise - to injure the reputation of someone else, but a really important aspect to defamation cases is that you've got to be able to prove that the comment was made with malice and that it was a false comment," Joseph Day, an Iowa City attorney,
told the Dabbling Mum.
So, if you are making an opinion, let your readers' know. If you believe someone is guilty of wrongdoing, investigate every possibility. If during the course of that investigation you interview someone who makes an allegation against another, be ethical and responsible enough to try every available avenue of providing that person an opportunity to answer the charges.
Above all else, don't make harmful or malicious charges or accusations about others that you don't know to be fact, or allow others you're interviewing to do the same. If you must print the potentially damaging statement about another person, business or organization, show that you are not doing so with malicious intent by offering the same an opportunity to speak.
There is another big reason why those who behave like journalists need to act as responsibly as possible. At the end of the day, a reporter is weighed by his or her own integrity and honesty. When a journalist takes a hit for sloppy reporting -- and I'm speaking from experience here, because I've made mistakes of my own -- it takes a long time and a lot of effort to rebuild trust. This is because once you've printed it, you can't really take it back. Yes, it is much easier on the Internet to update a post or cross out information, but you can't somehow mandate that every reader who visited before you made those changes come back and see the updated copy. You also little way of knowing who has saved, printed, forwarded or otherwise kept a copy of your original piece.
Also, while publishing such sloppy and potentially defamatory statements anonymously might temporarily shield a blogger from immediate personal repercussions, it will not serve as a shield for legal action. While it may take a few additional legal
manuevers to discover someone's true identity, never forget that
computers, and not just the one before you, are meticulous record
keepers. E-mail messages, blog postings and other internet activity
goes through a series of computers before it arrives where it is sent
or placed. At each step along the way, Internet Protocol (IP) addresses
-- a series of numbers that can identify specific computers within a
network -- are stored.
Finally, I'm not an attorney. I hope this piece provided a brief overview of my thoughts regarding defamation, but it should not in any way be construed as legal advice. If you'd like to read more on this topic, there is
an article on infoplease that includes a link to information specific to seditious (criminal) libel and there is also
an article on enotes that provides some historical context. In addition, here are
two directories of Iowa attorneys who do practice in this area.