California Decision Backs Online Free Speech

Here are some of the early arrivals at the Getty Center last week. We had 64 MC101s and guests, a fine turnout considering the weather (a bit dreary) and the timing of the field trip (the day before Thanksgiving).

Can you lose a libel suit for placing someone else's libelous message on the Internet? No, according to the California Supreme Court in a decision that is being hailed by those in favor of online free expression but is causing ripples of worry across traditional newsgathering organizations.

The decision sets up a two-tiered structure that gives websites considerably more protection from libel suits than newspapers, magazines, radio, television and other non-online media have traditionally had. This means that printing a libelous letter to the editor can still get a print newspaper sued, but running the same letter on the newspaper's website would not put the newspaper at risk for a libel suit.

Despite this decision, the author or authors of defamatory messages can still be sued for libel no matter where--online or offline--their messages appear.

This medianote fit in nicely with our discussion of the media Law segment of the course. Our discussion was based on this Los Angeles Times article.

***GABCAST JAMMED For some reason. Gabcast is not letting me make an audio post. Hoppefully, it will be corrected soon.

***GABCAST UNJAMMED I was finally able to get through to Gabcast and make the audio post on Thursday afternoon.

Gabcast! Club MediaNote #8