Expert: Morgan Smith - 6/19/2011

Question
hi
there is this question i need to find answer for it , i try find answer from Google but i couldn't find anything special related to the question !
this is complete question
i appreciate if you can help me with this thanks




Courtney Love has been sued for libel due to Twitter messages about a fashion designer but there's no law regarding this yet.

Can or should people be sued for libel based on Twitter messages?

How can the laws of libel be adapted to a constantly changing Internet?

Based on what you know about libel, what do you think? Keep the disclaimer of Twitter in mind when answering this question:

Twitter's Disclaimer: We claim no intellectual property rights over the material you provide to the Twitter service. Your profile and materials uploaded remain yours. You can remove your profile at any time by deleting your account. This will also remove any text and images you have stored in the system. We encourage users to contribute their creations to the public domain or consider progressive licensing terms.

Answer
Dear castro,

Before I respond further to your question, I must make clear that I do not represent you, and cannot give you individual particularized legal advice. No attorney client relationship is created by this email. For legal advice, you should hire your own attorney, and follow their advice. My role with AllExperts is limited to providing general information and suggestions for educational or general knowledge purposes.

Before you take any action, consult with your own attorney. Speak to an attorney licensed to practice law in your state about the strengths, weaknesses, and likely outcomes of any contemplated cause of action or defense.

Your question is about libel or more broadly what is called defamation.  

In my state, the elements of defamation are 1 making a defamatory statement, 2 publishing the statement and 3 the publisher knows/should know the statement is false.

In my opinion, placing something on Twitter definitely makes proving the utterance or making of the statement easy, and also makes proving the publication element easy.

The disclaimer you provide is intended to protect the owner(s) of Twitter from being sued for the things their users say.  In my opinion it absolutely does not prevent users from being sued and held responsible for the statements made therein.

Regarding defamation claims, the internet is no magic new realm, any more than the invention of newspapers, pneumatic tubes, radio or television.  No change in law is necessary to deal with the situation you describe.  If a person knowingly makes false hurtful statements about somebody else and delivers that statement to other(s), whatever the delivery mechanism, there is likely to be liability.

I hope this helps, good luck to you.

Morgan Smith
SMITH & RAVER LLP
Minneapolis, Minnesota
smith-and-raver-llp.biz
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