Wednesday 1 February 2012

Sue and be damned!

Many denizens of the blogosphere do not understand that the law of defamation applies to posts on blogs. This is the case particularly at the seedier end of political blogs and fora.  However, even 'respectable' bloggers can get carried away and publish material which, viewed in the cold light of day, it might have been preferable not to have posted.

Politics is a rough trade. Insults abound.  Fortunately most blogger politicians are thick-skinned and take as good as they give. Court cases have established that a political party cannot be defamed. The chairman of a small insignificant party has taken exception to material about the party published on a blog and has claimed that it is defamatory of him personally as he is a leading member of the party.  I cannot of course publish the words complained of as that would be repeating the alleged defamation.  A High Court action has been commenced and the outcome will be viewed with considerable interest, not least in the blogosphere.

Postscript:

One of my readers has suggested that this post should be entitled Publish and be damned.  Fair point.  However, commencing a court case is not something to be undertaken lightly and there is a risk a plaintiff might lose.  Where would such a person's reputation (and the political party's) be then?

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