Could Libel Law Someday Be Replaced in Large Part by Private Online Reputational Systems?
Anonymity is not the only reason that online libel law is more pro-defendant and pro-writer. As I mentioned in my first column, suing writers who live abroad may be costly or futile. Even worse, if a damaging rumor circulates and then is constantly repeated, pinpointing its origin may be near-impossible. Granted, each repetition of the statement could be the basis for a suit. (Contrary to popular belief, repeating a libel is still a libel, even if the original speaker is identified.) But unless the first repetition can be identified, ten thousand repetitions by different writers that together cause a million dollars worth of damage will probably be deemed to have caused only about $100 of damages each – not a sum worth suing over, let alone a sum that makes it worth tracking down each writer to enforce the judgment. These problems, which create a more level (and even arguably more pro-defendant) online playing field may cause everyone who speaks and is spoken about online to yearn for
Related Questions
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- Could Libel Law Someday Be Replaced in Large Part by Private Online Reputational Systems?
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