Online Defamation Law

When i search the web sites about Defamation i found http://www.eff.org which EFF means Electronic Frontier Foundation and they are working on defending of free speech, privacy, innovation, and consumer rights. They have a good explanation about Defamation. what i write here is the thing i got from this website with some changing in some parts for understanding better for anyone who wants to know about Online Defamation:


First you need to know what is the Defamation.


Generally, defamation is a false and unprivileged statement of fact that is harmful to someone's reputation, and published "with fault," meaning as a result of negligence or malice. State laws often define defamation in specific ways. Libel is a written defamation; slander is a spoken defamation.
after understanding about defamation you need to know what are the elements of a defamation claims,


The elements that must be proved to establish defamation are:

1. a publication to one other than the person defamed;
2. a false statement of fact;
3. that is understood as
• a. being of and concerning the plaintiff; and
• b. tending to harm the reputation of plaintiff.
4. If the plaintiff is a public figure, he or she must also prove actual malice

And Truth is an absolute defense to a defamation claim. But keep in mind that the truth may be difficult and expensive to prove.
here what is coming to your mind, maybe you think can my opinion be defamatory? I should say no BUT merely labeling a statement as your "opinion" does not make it so. Courts look at whether a reasonable reader or listener could understand the statement as asserting a statement of verifiable fact. (A verifiable fact is one capable of being proven true or false.) This is determined in light of the context of the statement. A few courts have said that statements made in the context of an Internet bulletin board or chat room are highly likely to be opinions or hyperbole, but they do look at the remark in context to see if it's likely to be seen as a true, even if controversial, opinion ("I really hate George Lucas' new movie") rather than an assertion of fact dressed up as an opinion ("It's my opinion that Trinity is the hacker who broke into the IRS database").


limitations on libel


Most states have a statute of limitations on libel claims, after which point the plaintiff cannot sue over the statement. For example, in California, the one-year statute of limitations starts when the statement is first published to the public. In certain circumstances, such as when the defendant cannot be identified, a plaintiff can have more time to file a claim. Most courts have rejected claims that publishing online amounts to "continuous" publication, and start the statute of limitations ticking when the claimed defamation was first published.
here is some example to understanding better of limitation on libel which is part of defamation:


The following are a couple of examples from California cases; note the law may vary from state to state. Libelous (when false):

• Charging someone with being a communist (in 1959)
• Calling an attorney a "crook"
• Describing a woman as a call girl
• Accusing a minister of unethical conduct
• Accusing a father of violating the confidence of son

Not-libelous:

• Calling a political foe a "thief" and "liar" in chance encounter (because hyperbole in context)
• Calling a TV show participant a "local loser," "chicken butt" and "big skank"
• Calling someone a "bitch" or a "son of a bitch"
• Changing product code name from Carl Sagan to "Butt Head Astronomer"

Since libel is considered in context, do not take these examples to be a hard and fast rule about particular phrases. Generally, the non-libelous examples are hyperbole or opinion, while the libelous statements are stating a defamatory fact.

I hope my research about Online Defamation was useful for you and now you have a good perspective about this law. So Be careful about what you say in the facebook and Internet !!!