Date:         Wed, 25 Sep 1996 10:08:48 -0500
Sender: Legal Scholarship Network <CYBERSPACE-LAW@PUBLISHER.SSRN.COM>
From: Alan Lewine <Alan_R_Lewine@SSRN.COM>
Subject:      Cyberspace-Law #35: Libel 4, 09/25/96
To: Multiple recipients of list CYBERSPACE-LAW
              <CYBERSPACE-LAW@PUBLISHER.SSRN.COM>

                    CYBERSPACE LAW FOR NON-LAWYERS

                        Topic: Libel Online I

                  (Number 4 of 8 on the topic LIBEL)

                           E-Mail Number: 35

                     Date Posted: 25 September 1996


                      *  *  *  *  *  *  *  *  *

     Libel 4: Libel Online: I

     Last time we said that one reason public figures got less
     protection from libel law was that they had an easy
     opportunity to defend themselves. Because they had access to
     the media, they could easily rebut charges that were in fact
     false. This, the courts have said, distinguishes public
     figures from private persons, since private persons don't
     have as easy an opportunity to reply.

     But what about people on the net? If I am libeled in an
     America Online chat room, not only do I have the opportunity
     to respond quite easily and cheaply, AOL in principle could
     determine most of the people who saw the libel. My reply
     could then be targeted at them. Thus my ability to reply in
     that context is better than a public figure's ability to
     reply. Does that means people on the net should be treated
     as public figures for purposes of libel law and given as
     little protection from libel as public figures?

     Some have argued that they should, but no court has yet
     accepted that argument. And while libel law may need to be
     adjusted to fit cyberspace, it is unlikely that it will be
     changed so dramatically. Whether people on the net can
     defend themselves or not, courts are unlikely to make self-
     help the only remedy for libel. They believe the law as well
     should help. The ability to respond cheaply may affect how
     harmful any particular libel is, but we believe it is
     unlikely that that fact will convert net speech into a
     license to libel.

     Next time we'll discuss other cyberspace-specific concerns.


             * * * * * * * * * * * * * * * * * * * * * *
                              authors:

             Larry Lessig    David Post    Eugene Volokh

             * * * * * * * * * * * * * * * * * * * * * *


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         Yours virtually,
         Alan Lewine
         Cyberspace-Law Listmeister
         Alan_R_Lewine@SSRN.com