NCJ Number
170189
Journal
Florida Law Review Volume: 47 Issue: 2 Dated: (April 1995) Pages: 247-286
Date Published
1995
Length
40 pages
Annotation
This article examines the application of the law of defamation with respect to Usenet, the "newsgroup" service of the Internet.
Abstract
Usenet provides a valuable Internet service as a source of information and discussion on hundreds of topics. Unlike the major online services, Usenet is generally free, uncensored, and open to anyone. Moderators on a minority of Usenet newsgroups facilitate discussion by constraining the subject matter and removing irrelevant messages. Thus, Usenet attempts to provide an efficient and diverse medium for the exchange of ideas worldwide; however, the issue of moderator liability for the publication of defamatory statements on Usenet may threaten this system of communication. Under traditional paradigms of defamation, moderators could be as liable for defamatory statements as the original creator of the message. In addition, defamation liability could rationally extend to other network administrators. The extension of defamation liability runs counter to the core values of freedom from censorship and regulation that have characterized the Internet since its inception. Thus, defamation liability should not be extended to include Usenet moderators; however, the Internet should and does regulate itself to limit defamatory speech. Many Internet users know and follow "netiquette," an unwritten set of protocols that regulate cyberspace conduct. Users have also lost network privileges for exceptional online abuse. Furthermore, moderated newsgroups could allow allegedly defamed users an automatic right of reply to vindicate themselves on the newsgroup. If defamation liability must apply to Usenet moderators, they should be held to a First Amendment standard that requires proof of actual malice. In addition, network defamation tort plaintiffs should have to prove actual harm in order to recover damages, due to the highly speculative nature of damages and harm done to reputation on the Internet; however, damages may be presumed if the speech is per se defamatory, based upon the common law slander categories. In this way, liability of network administrators and newsgroup moderators will be limited so as to protect the freedom and openness of communication that has characterized the Internet since its inception. 338 footnotes