Posted by Steve Tobak
These days, everybody and his dog has a blog. Unfortunately, almost nobody has a clue about their responsibility under defamation law. And if the dog has a clue, he ain't talkin'.
Most professional writers and members of the media are familiar with this stuff, but chances are, you're not. If you write, host, or even comment on a blog, you need to be. That's because, according to the U.S. Supreme Court, we all have the same rights and responsibilities under defamation law.
Now, I confess to not being a lawyer. But I am a blogger who would like to stay out of court. I've also run marketing for a few companies and have spent way too much time with lawyers, so I do know a fair amount about this stuff.
Since legalese can be intimidating, I thought I'd attempt a plain-English overview of the subject. I'd also like to invite those more knowledgeable than me to comment. Keep in mind that this is intended to open your eyes, not provide legal advice, which I'm certainly not qualified to do.
Seal of U.S. Supreme Court
First, people usually ask the wrong question: "Can a blogger be sued for defamation?" The sad truth is that almost anybody can sue you for almost anything these days. So, don't ask that question; it's dumb. What you want to know is your responsibility under the law, and therefore, how best to protect yourself from successful litigation.
To prove libel, which is the same thing as written defamation, the plaintiff has to prove that the blogger published a false statement of fact about the plaintiff that harmed the plaintiff's reputation. Let's break that down.
"Published" means that at least one other person may have read the blog. That's right, just one.
A "false statement of fact" is a statement about the plaintiff that is not true. Truth is the best defense against libel. An opinion is also a defense against libel. But, depending on the context, the difference between an opinion and a statement of fact can be remarkably gray. Context is a big deal in determining defamation.
One thing to watch out for: simply inserting the words "in my opinion" in front of a statement of fact doesn't magically make it an opinion.
Satire and hyperbole can also be defenses against libel, but again, very gray.
Then there's the matter of "harming the plaintiff's reputation." It's one thing to say that a false statement harmed your reputation, but if you can't demonstrate damages, the suit may be effectively worthless. Damages would include, for example, losing X customers that represent Y income, suffering emotional distress and so on. Also, if your damages are minimal, you may have a hard time finding a lawyer to take the case. They're a greedy lot. (That's an opinion, not a statement of fact.)
If the plaintiff is your average, everyday, run-of-the-mill person or company, then negligence is sufficient to prove libel. That means that a reasonable person would not have published the defamatory statement. If the plaintiff is a "public figure," however, then the plaintiff must prove actual malice--a higher burden of proof. That means that the blogger knew that the statement wasn't true or didn't care.
Then there's the question of who's responsible for comments on a blog. Whoever publishes the Web site is responsible for content on the site. That includes comments. However, many bloggers have independent agreements to indemnify the site that publishes their blog. That may or may not include comments.
Plaintiffs can certainly sue everybody in the chain and see what sticks, though they will likely go after those with the deepest pockets. You can avoid the entire question by turning comments off.
To make matters worse, this is the Internet, so there are individual state and national laws to consider. I'm going to stick with California and U.S. law, and hope for the best.
You may be able to get insurance for this sort of thing. I was able to get a quote for what's called media liability insurance, but it was expensive and had a high deductible. It also took lots of time and and paperwork just to get the quote. In any case, a business insurance broker should be able to quote you a policy from one of their carriers.
Well, those are the basics. Check out this EFF site on defamation for FAQs and examples. You can probably spend a lifetime understanding different scenarios and studying case law.
As for me, I'm planning to play it safe. I mean, how hard can it be to say nice things about people?
Saturday, May 24, 2008
Friday, May 23, 2008
From The Oregonian - N.W. Natural Gas Stock Holders Meeting Disrupted By Anti-LNG Protesters
NW Natural's shareholders meeting is disturbed by anti-LNG protest
The company shakes up its leadership and closes its meeting to the public
Friday, May 23, 2008
TED SICKINGER The Oregonian
Thursday was unusually chaotic for a normally dull gas monopoly as Northwest Natural Gas Co. announced major leadership changes, heard loud protests outside its Portland headquarters and got hit with a lawsuit from landowners who oppose its efforts to bring liquefied natural gas to Oregon.
The company was so put out by the hubbub that it took the unusual step of closing its annual shareholder meeting. Executives said they were worried that their normally placid recital of financial results for a group of elderly shareholders was about to erupt into a carnival of protest in front of TV cameras. So they barred media representatives and anyone else but registered shareholders.
"We made the call for the safety of the people in the room," said Gregg Kantor, the company's president.
Inside, the company shared a significant piece of information: Kantor, 51, will succeed Chief Executive Mark Dodson when Dodson retires at the end of the year.
Meanwhile, opponents of proposed LNG terminals and associated pipelines were outside, locking themselves to the building's entrance, urging the company to "stop pimping LNG" and waving placards that called the imported fuel "NW Nasty Gas."
Also Thursday, landowner groups said they filed suit against the joint venture.....For Complete Story Click On Ttitle above.
The company shakes up its leadership and closes its meeting to the public
Friday, May 23, 2008
TED SICKINGER The Oregonian
Thursday was unusually chaotic for a normally dull gas monopoly as Northwest Natural Gas Co. announced major leadership changes, heard loud protests outside its Portland headquarters and got hit with a lawsuit from landowners who oppose its efforts to bring liquefied natural gas to Oregon.
The company was so put out by the hubbub that it took the unusual step of closing its annual shareholder meeting. Executives said they were worried that their normally placid recital of financial results for a group of elderly shareholders was about to erupt into a carnival of protest in front of TV cameras. So they barred media representatives and anyone else but registered shareholders.
"We made the call for the safety of the people in the room," said Gregg Kantor, the company's president.
Inside, the company shared a significant piece of information: Kantor, 51, will succeed Chief Executive Mark Dodson when Dodson retires at the end of the year.
Meanwhile, opponents of proposed LNG terminals and associated pipelines were outside, locking themselves to the building's entrance, urging the company to "stop pimping LNG" and waving placards that called the imported fuel "NW Nasty Gas."
Also Thursday, landowner groups said they filed suit against the joint venture.....For Complete Story Click On Ttitle above.
Wednesday, May 21, 2008
From The Daily "A" - Bank Of Astoria To Foreclose On Taggart Building
By CASSANDRA PROFITA - he Daily Astorian
The Bank of Astoria is foreclosing on the Pier 1 building constructed by former Port of Astoria Commissioner Glenn Taggart and could soon put it up for sale.The bank is seeking the Port of Astoria's consent to the sale of the building, Port Interim Executive Director Ron Larsen told the Port Commission at a special meeting Tuesday.Since last year, the Port, which owns the land under the building and leases office and storage space inside, has been making lease payments to the bank, which assumed control of the building and its rent payments after Taggart's companies failed to repay nearly $2 million in loans.Taggart's company, Astoria Bay LLC, also owes the Port about $8,000 in unpaid bills.The Pier 1 building stirred controversy at the Port in 2006 when critics accused Taggart of misusing his position as commissioner to get the Port to lease space inside his building. Taggart resigned from the commission in September 2006. When Port Commissioner Larry Pfund raised questions about the building's safety when it was up for sale in April 2007, real estate agents involved in the sale said he scared off interested buyers......For Full Story Click On Main Title Of This Thread
The Bank of Astoria is foreclosing on the Pier 1 building constructed by former Port of Astoria Commissioner Glenn Taggart and could soon put it up for sale.The bank is seeking the Port of Astoria's consent to the sale of the building, Port Interim Executive Director Ron Larsen told the Port Commission at a special meeting Tuesday.Since last year, the Port, which owns the land under the building and leases office and storage space inside, has been making lease payments to the bank, which assumed control of the building and its rent payments after Taggart's companies failed to repay nearly $2 million in loans.Taggart's company, Astoria Bay LLC, also owes the Port about $8,000 in unpaid bills.The Pier 1 building stirred controversy at the Port in 2006 when critics accused Taggart of misusing his position as commissioner to get the Port to lease space inside his building. Taggart resigned from the commission in September 2006. When Port Commissioner Larry Pfund raised questions about the building's safety when it was up for sale in April 2007, real estate agents involved in the sale said he scared off interested buyers......For Full Story Click On Main Title Of This Thread
Tuesday, May 20, 2008
Jewell School Board - Two Board Members Likely Ousted And Now A New Retaliatory Complaint Filed By Former Contract Employee
Complaint filed against Jewell School Board. Former employee says members violated public meetings laws
By KARA HANSEN - The Daily Astorian
JEWELL - A former contracted employee of the Jewell School District has filed a complaint with the Oregon Government Ethics Commission that accuses Jewell School Board members of violating public meetings laws over the past two years.The ethics commission confirmed it received the complaint but would release no other information.Lauren Jacobsen, a past board member who lives in Birkenfeld, named the current school board lineup in her grievance as well as those in positions before May 2007's election. That list includes Ulrich "Oly" Schockelt, who has led a recall campaign against the present board's leaders, Chairman Karl Meier and Vice Chairwoman Ann Samuelson. Jewell-area voters will decide whether the two keep their seats in today's special election.Past director Carrie Thompson, who helped organize the recall effort, was also named......See full story by clicking on above Title.
By KARA HANSEN - The Daily Astorian
JEWELL - A former contracted employee of the Jewell School District has filed a complaint with the Oregon Government Ethics Commission that accuses Jewell School Board members of violating public meetings laws over the past two years.The ethics commission confirmed it received the complaint but would release no other information.Lauren Jacobsen, a past board member who lives in Birkenfeld, named the current school board lineup in her grievance as well as those in positions before May 2007's election. That list includes Ulrich "Oly" Schockelt, who has led a recall campaign against the present board's leaders, Chairman Karl Meier and Vice Chairwoman Ann Samuelson. Jewell-area voters will decide whether the two keep their seats in today's special election.Past director Carrie Thompson, who helped organize the recall effort, was also named......See full story by clicking on above Title.
From The Daily Astrorian - The J.J Neikes Affair
Friday, May 16, 2008
Detective probes incident involving Astoria county commission contender Neikes
By JOE GAMM The Daily Astorian
Friday, May 16, 2008
The Tillamook County Sheriff's Office has investigated an incident involving James "Ace" Neikes and a Clatsop County employee that allegedly took place Tuesday.
Clatsop County Sheriff Tom Bergin said he referred the case to Tillamook County so there would be no question of conflict of interest concerning his office.
Neikes is one of four men seeking to be appointed as a county commissioner Wednesday following the recall of Richard Lee.
A report released today said the Tillamook detective, Troy Jackson, responded Thursday to a report of menacing against Gregg Bonham, a Clatsop County employee.
In his duties as a county employee, Bonham was directed to inspect a property at 37906 U.S. Route 30. Bonham thought the property belonged to a brother of Neikes, who he had worked with in the past.
Bonham reported that he'd been asked by his office not to have any contact with Neikes, but after 10 minutes Neikes parked a vehicle behind Bonham's, blocking him in.
Jackson reported that Bonham told him Neikes stepped out of his vehicle and said, "Now that I have you blocked in, you are not going anywhere."
Bonham reported speaking with Neikes about a previous incident involving an old log landing property. He told detectives Neikes said Bonham "... needed to do a better job of making planning decisions in A/F-zoned lands."
Bonham reported that although Neikes never raised his voice, he said, "People sure could disappear down under my new road and not be found."
Bonham told the detectives he thought that statement was directed at him.
The detectives' report didn't include conversations they had with Neikes, but did include a conclusion.
"After conferring with Detective Garcia, and based on interviews and the history of Neikes, we believe that Neikes' behavior, although disturbing and unprofessional, were not criminal in nature," the report said. "It was our opinion that any further investigation was unwarranted and would possibly inflame the situation between the Neikes' and the county Planning Office.
After discussion with Sheriff Bergin, he agreed.
"It is however known to us that Neikes is on formal probation with the Clatsop County, a copy of this report should be forwarded to his probation officer for their review and any action they feel is warranted."
Commissioners are scheduled to appoint Lee's replacement during a special session at 6 p.m. Wednesday in Courtroom 300 of the Clatsop County Courthouse. The replacement will serve out the final three years in Lee's term without facing election.
The Daily Astorian recently reported that Neikes pleaded guilty to fourth-degree assault and strangulation Nov. 9 for an incident involving his wife. He is on probation for those convictions.
Clatsop County District Attorney Josh Marquis said this morning that his office would not pursue charges against Neikes, but he doesn't know what effect it would have on Neikes' probation. "That's up to his probation officer," Marquis said.
Neikes disputes report's version of events in latest investigation
By JOE GAMM The Daily Astorian
Monday, May 19, 2008
James "Ace" Neikes said today that an incident involving him and a Clatsop County assessor didn't happen the way police investigators reported it.
The Daily Astorian reported receiving copies of a report Friday by the Tillamook County Sheriff's Office about an alleged menacing of a Clatsop County employee Tuesday. Clatsop County Sheriff Tom Bergin said he referred the case to Tillamook County so there would be no question of conflict of interest involving his office.
Neikes is one of four men seeking to be appointed as a county commissioner Wednesday following the recall of Richard Lee. Neikes said the investigators never even interviewed him or witnesses to the alleged incident.
The investigator released two pages of testimony from Gregg Bonham, an assessor for Clatsop County. The only other reference to interviews came in the investigator's conclusion, when he wrote, "After conferring with Detective Garcia and based on interviews and the history of Neikes, we believe that Neikes' behavior, although disturbing and unprofessional, were not criminal in nature."
Bonham told investigators that a statement Neikes made - saying people could disappear under Neikes' new road and never be found - was directed at him.
Neikes said no threat was made toward Bonham. He said there was a witness standing two feet away and no one interviewed him.
In fact, he said Bonham didn't even have business on Neikes' property.
"They don't come out and appraise something when it's not finished - there's no reason to appraise it because it's not finished," Neikes said.
Neikes said the "appraisal" was politically motivated. He said, "Mr. Bonham came out because he knew he could get a reaction out of me."
There is a pattern of Bonham treating Neikes unfairly in appraisals, Neikes said. An example Neikes gave was that he traded $6,000 parcels of property with Weyerhaeuser and then suddenly Bonham appraised Neikes' parcel at $170,000.
"The connecting property is assessed at 1/10 of what my property is," Neikes said.
He also said he has an "unbuildable" lot, which was assessed at $99,000. Next door is a property with a house on it, assessed at $77,000.
Litigation is imminent, Neikes promises.
"Have you ever heard when there's an investigation by two counties, it's in The Daily Astorian within 72 hours?" he asked.
"We're going to bring that out in the depositions.This has got to be the fastest judge, jury and execution in the history of man."
Detective probes incident involving Astoria county commission contender Neikes
By JOE GAMM The Daily Astorian
Friday, May 16, 2008
The Tillamook County Sheriff's Office has investigated an incident involving James "Ace" Neikes and a Clatsop County employee that allegedly took place Tuesday.
Clatsop County Sheriff Tom Bergin said he referred the case to Tillamook County so there would be no question of conflict of interest concerning his office.
Neikes is one of four men seeking to be appointed as a county commissioner Wednesday following the recall of Richard Lee.
A report released today said the Tillamook detective, Troy Jackson, responded Thursday to a report of menacing against Gregg Bonham, a Clatsop County employee.
In his duties as a county employee, Bonham was directed to inspect a property at 37906 U.S. Route 30. Bonham thought the property belonged to a brother of Neikes, who he had worked with in the past.
Bonham reported that he'd been asked by his office not to have any contact with Neikes, but after 10 minutes Neikes parked a vehicle behind Bonham's, blocking him in.
Jackson reported that Bonham told him Neikes stepped out of his vehicle and said, "Now that I have you blocked in, you are not going anywhere."
Bonham reported speaking with Neikes about a previous incident involving an old log landing property. He told detectives Neikes said Bonham "... needed to do a better job of making planning decisions in A/F-zoned lands."
Bonham reported that although Neikes never raised his voice, he said, "People sure could disappear down under my new road and not be found."
Bonham told the detectives he thought that statement was directed at him.
The detectives' report didn't include conversations they had with Neikes, but did include a conclusion.
"After conferring with Detective Garcia, and based on interviews and the history of Neikes, we believe that Neikes' behavior, although disturbing and unprofessional, were not criminal in nature," the report said. "It was our opinion that any further investigation was unwarranted and would possibly inflame the situation between the Neikes' and the county Planning Office.
After discussion with Sheriff Bergin, he agreed.
"It is however known to us that Neikes is on formal probation with the Clatsop County, a copy of this report should be forwarded to his probation officer for their review and any action they feel is warranted."
Commissioners are scheduled to appoint Lee's replacement during a special session at 6 p.m. Wednesday in Courtroom 300 of the Clatsop County Courthouse. The replacement will serve out the final three years in Lee's term without facing election.
The Daily Astorian recently reported that Neikes pleaded guilty to fourth-degree assault and strangulation Nov. 9 for an incident involving his wife. He is on probation for those convictions.
Clatsop County District Attorney Josh Marquis said this morning that his office would not pursue charges against Neikes, but he doesn't know what effect it would have on Neikes' probation. "That's up to his probation officer," Marquis said.
Neikes disputes report's version of events in latest investigation
By JOE GAMM The Daily Astorian
Monday, May 19, 2008
James "Ace" Neikes said today that an incident involving him and a Clatsop County assessor didn't happen the way police investigators reported it.
The Daily Astorian reported receiving copies of a report Friday by the Tillamook County Sheriff's Office about an alleged menacing of a Clatsop County employee Tuesday. Clatsop County Sheriff Tom Bergin said he referred the case to Tillamook County so there would be no question of conflict of interest involving his office.
Neikes is one of four men seeking to be appointed as a county commissioner Wednesday following the recall of Richard Lee. Neikes said the investigators never even interviewed him or witnesses to the alleged incident.
The investigator released two pages of testimony from Gregg Bonham, an assessor for Clatsop County. The only other reference to interviews came in the investigator's conclusion, when he wrote, "After conferring with Detective Garcia and based on interviews and the history of Neikes, we believe that Neikes' behavior, although disturbing and unprofessional, were not criminal in nature."
Bonham told investigators that a statement Neikes made - saying people could disappear under Neikes' new road and never be found - was directed at him.
Neikes said no threat was made toward Bonham. He said there was a witness standing two feet away and no one interviewed him.
In fact, he said Bonham didn't even have business on Neikes' property.
"They don't come out and appraise something when it's not finished - there's no reason to appraise it because it's not finished," Neikes said.
Neikes said the "appraisal" was politically motivated. He said, "Mr. Bonham came out because he knew he could get a reaction out of me."
There is a pattern of Bonham treating Neikes unfairly in appraisals, Neikes said. An example Neikes gave was that he traded $6,000 parcels of property with Weyerhaeuser and then suddenly Bonham appraised Neikes' parcel at $170,000.
"The connecting property is assessed at 1/10 of what my property is," Neikes said.
He also said he has an "unbuildable" lot, which was assessed at $99,000. Next door is a property with a house on it, assessed at $77,000.
Litigation is imminent, Neikes promises.
"Have you ever heard when there's an investigation by two counties, it's in The Daily Astorian within 72 hours?" he asked.
"We're going to bring that out in the depositions.This has got to be the fastest judge, jury and execution in the history of man."
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