On the bright side, webloggers now have protection against libel suits:
The Ninth Circuit Court of Appeals ruled last Tuesday that Web loggers, website operators and e-mail list editors can’t be held responsible for libel for information they republish, extending crucial First Amendment protections to do-it-yourself online publishers.
Online free speech advocates praised the decision as a victory. The ruling effectively differentiates conventional news media, which can be sued relatively easily for libel, from certain forms of online communication such as moderated e-mail lists. One implication is that DIY publishers like bloggers cannot be sued as easily.
On the downside, though, the case that prompted this decision is truly bizarre, and I have to feel sorry for the woman whose case was just overturned by the ruling.
The case traces back to a North Carolina town in 1999, where handyman Robert Smith was repairing a truck owned by attorney and art collector Ellen Batzel. Smith claimed to have overheard Batzel say she was related to Nazi Gestapo head Heinrich Himmler. He said he concluded that the European paintings he saw in her home must be stolen goods, and shared this in an e-mail he sent to the editor of the Museum Security Network, an organization that publishes information about stolen art.
Without telling Smith the e-mail would be published, Ton Cremers — the sole operator of Amsterdam-based Museum Security Network — made minor edits, then posted Smith’s e-mail to a list of about 1,000 museum directors, journalists, auction houses, gallery owners and Interpol and FBI agents.
Three months later, Batzel learned of the post. She contacted Cremers to deny both the stolen art and Nazi ancestry allegations. She also said Smith’s claims were motivated by financial disputes over contracting work.
… Batzel sued Smith, Cremers and the Museum Security Network for defamation and won. Cremers appealed.
And during the hearing over Cremers’ appeal, his appeal was upheld (in part), Batzel’s suit was denied, and webloggers gained protection from libel suits. While I’m certainly happy about the decision and its ramifications for weblogs, it’s a shame that it came at such a cost for Batzel.
(via Nyxnata)