Can I be sued for defamation in a vague anonymous comment?
May 23, 2011 8:40 AM Subscribe
Can I be sued for defamation if, in an anonymous comment, I specify that "...maybe I'm making this up," and post a reply underneath explicitly stating that the comments were not to be taken literally?
Basically, in a post, I suggested that all parties involved in a news story could be using the monetary gains for all sorts of terrible things, and completed the sentence with "...maybe I'm making this up" before suggesting that we look at other related circumstances to consider what the motives are.
After looking at what was posted, I realized that the post can be read in an entirely different light, and people could get the impression I was suggesting that this is exactly what these people have done in the past, so... after failing to get the moderators to remove it, I posted an apology.
Could I still be sued for defamation?
Basically, in a post, I suggested that all parties involved in a news story could be using the monetary gains for all sorts of terrible things, and completed the sentence with "...maybe I'm making this up" before suggesting that we look at other related circumstances to consider what the motives are.
After looking at what was posted, I realized that the post can be read in an entirely different light, and people could get the impression I was suggesting that this is exactly what these people have done in the past, so... after failing to get the moderators to remove it, I posted an apology.
Could I still be sued for defamation?
Under English law, yes you could be, if the statement was defamatory, and traced back to you. You would still be making a defamatory statement - your later retraction might mitigate the extent of the damage, but it wouldn't provide a defence for having made them in the first place...(IMHO, IANAL)
I guess that you would have to argue that the "maybe I'm making this up" was sufficient to mean no-one would take the accusation seriously- but I think if I said "X is a pedophile - maybe I'm making this up" - it would probably still be defamation...
posted by prentiz at 8:48 AM on May 23, 2011
I guess that you would have to argue that the "maybe I'm making this up" was sufficient to mean no-one would take the accusation seriously- but I think if I said "X is a pedophile - maybe I'm making this up" - it would probably still be defamation...
posted by prentiz at 8:48 AM on May 23, 2011
Best answer: IANAL but I have researched and taught communications policy to announcers at our local radio station, and been trained on defamation issues when I worked as a journalist. It's extremely unlikely. Your apology and efforts to retract the statement would be evidence against intent to harm, which is one of the conditions that must be proved. Also, people actually don't file defamation suits very often - it's notoriously hard to prove and, if these people are public figures, the standard of proof is even more stringent.
But you might want to curtail your speculating online, anyway. It might not be illegal but you seem to recognize that it can be irresponsible to make unfounded suggestions.
posted by Miko at 8:50 AM on May 23, 2011 [1 favorite]
But you might want to curtail your speculating online, anyway. It might not be illegal but you seem to recognize that it can be irresponsible to make unfounded suggestions.
posted by Miko at 8:50 AM on May 23, 2011 [1 favorite]
For some timely discussion, see Free Speech on Twitter Faces Test.
posted by alms at 8:50 AM on May 23, 2011
posted by alms at 8:50 AM on May 23, 2011
Oh, and what alms says. It does vary a lot, I assumed the US but not for any good reason.
posted by Miko at 8:50 AM on May 23, 2011
posted by Miko at 8:50 AM on May 23, 2011
I think it would be hard to prove in the US. If you're writing something that you know to be wrong (and it's negative) you could be liable, but realistically, who's going to sue you? If you're not writing for a major news site, why would anyone bother? You'd probably get a cease and desist letter first.
posted by Ideefixe at 8:54 AM on May 23, 2011 [1 favorite]
posted by Ideefixe at 8:54 AM on May 23, 2011 [1 favorite]
Also, "can I be sued?" and "would the ruling go in favour of the plaintiff?" are two very different questions. If the subject of the statement is likely to want to sue, it's probably not worth the hassle even of a lawsuit you're certain to win, unless it's something very important to say.
posted by winston at 8:57 AM on May 23, 2011 [3 favorites]
posted by winston at 8:57 AM on May 23, 2011 [3 favorites]
The OP indicates from his profile that he is in the US. However I seem to recall certain American writers being sued for things in other countries that would otherwise be considered protected speech in the United States.
posted by dfriedman at 9:11 AM on May 23, 2011
posted by dfriedman at 9:11 AM on May 23, 2011
Could I still be sued for defamation?
Technically you can be sued for anything. I would say it would be extremely unlikely based on the very number of comments that end up being sued over, but it's not unprecedented. The main factor is whether or not the subjects of the comments care enough about them to waste time and money suing you over it, rather than demanding that the comments be taken down or just ignoring it.
posted by burnmp3s at 9:13 AM on May 23, 2011
Technically you can be sued for anything. I would say it would be extremely unlikely based on the very number of comments that end up being sued over, but it's not unprecedented. The main factor is whether or not the subjects of the comments care enough about them to waste time and money suing you over it, rather than demanding that the comments be taken down or just ignoring it.
posted by burnmp3s at 9:13 AM on May 23, 2011
Response by poster: In regards to drfriedman, I know from a recent article I found during research that many states including mine have "libel tourism" statutes that limit legal action to the state of initial publication and/or the source.
posted by Bathtub Bobsled at 9:14 AM on May 23, 2011
posted by Bathtub Bobsled at 9:14 AM on May 23, 2011
Many states may limit this, but the UK is still a notorious haven for libel tourism.
But burnmp3s has the right of it: just because you aren't likely to be found liable for defamation doesn't mean you couldn't be sued for it. If you say bad enough stuff about someone, they may just decide to sue you for the hell of it, hoping you'll go away.
That being said, defamation is a pretty rare cause of action, as it is difficult to prove. And suing random nobodies for comments left on blogs isn't a terribly good way of making a living.
posted by valkyryn at 11:04 AM on May 23, 2011
But burnmp3s has the right of it: just because you aren't likely to be found liable for defamation doesn't mean you couldn't be sued for it. If you say bad enough stuff about someone, they may just decide to sue you for the hell of it, hoping you'll go away.
That being said, defamation is a pretty rare cause of action, as it is difficult to prove. And suing random nobodies for comments left on blogs isn't a terribly good way of making a living.
posted by valkyryn at 11:04 AM on May 23, 2011
This thread is closed to new comments.
posted by alms at 8:48 AM on May 23, 2011