MN Supreme Court Rules In Internet Libel Case

MrSparkle writes: "In a first-of-its-kind case in Minnesota, the state Supreme Court ruled Thursday the Internet shouldn't be treated differently than other media in out-of-state libel cases. WCCO has the story."

could be good or bad

[douglas jeffries]

it's good that this case might set precedent to keep authors from getting sued in other jurisdictions representing an unintended audience.

but could this mean that newsgroup posts will be treated more as a formal publications than a public conversation? we should be able to say more in public at the mall or in a newsgroup than we can publish in the local paper.

Re:could be good or bad

[dirk]

ut could this mean that newsgroup posts will be treated more as a formal publications than a public conversation? we should be able to say more in public at the mall or in a newsgroup than we can publish in the local paper.

Posting on the internet is more akin to publishing in a newspaper than to talking in a mall. The big difference is the intent to publish. If you are talking to another person in a mall, you know other people may here you, but your intent is to talk to the other person in the conversation. If you publish something in a newspaper, your intent is for anyone who picks up that publication to read it (i.e. wide distribution).

Writing on a newsgroup is much closer to publishing in a newspaper. Your intent is to have everyone who reads the newsgroup to read your post. This "conversation" is more like two people having a conversation by sending letters to the editor of a newspaper and having them published. The other people aren't "listening in" to your conversations, you are publishing your conversation for everyone to read.

Re:could be good or bad

[Lish]

Excellent analogy. When explaining newsgroups to newbies, I have always described a newsgroup as being like a bulletin board (the real cork kind, not a BBS). Anyone can write a message and stick it on the board, and anyone can read that message. Your message might be directed at one particular person, but anyone can read it. It's a public forum, and by posting there you accept that messages are intended to be public.

Re:could be good or bad

[PastorOfMuppets]

Fortunatly, it doesn't matter. In order to win a lible suit you have to show:

1. A) The published information is known to be untrue by the author

2. B) The author was representing said information as fact (meaning that it was not intended to be a joke)

   That a resonable person would believe that the information was true (the pubilcation is credable)

So, all one has to do is place a disclaimer at the end of ones post in order to avoid litigation

DISCLAIMER:

The contents of this post are the sole opinions of it's author and in no way refect the opinions os Slashdot, nor should they be miscontrued as absolute fact. I am not an attorney and am not in any way qualified to give legal advice.

** "Muppets" is a registered trademark of Henson Associates Incorperated.

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Law.com article

[scubacuda]

Here [law.com].