Blogs and Defamation of character

[whotheheckami]

I am unsure of the legal frame workwork that Blogs exist in. Is a blog covered by the laws of the country of the hosting organisation (eg USA for Live Journal) or the country of the poster?

In legal terms is a blog the same as publishing something in a newspaper or magazine or broadcasting it on TV? Would it matter if the post was made on a friends-locked post; or to an audience that did not include the individual or organisation being defamed?

How would I find out if posting something that is defamatory about someone on a blog would count as libel?

I've posted this as an open post so that you can link to it if you think someone who does not read this journal could advise.

Thank you

Mel

Comments

[mazzarc.livejournal.com]

Hmmm.. that leads me to another interesting question... can stating *your opinion* of something/someone be considered slander/libelous if it's made plain that it is your opinion... ie can your opinion be illegal?

e.g. PersonX is smelly. vs I don't like the way PersonX smells.

[countb.livejournal.com]

AIUI -

PersonX is smelly - libel (if they aren't)
I don't like the way PersonX smells - slander as it implies they smell bad

So your opinion can be slanderous even if it's fact, but only libelous if it's not fact.

[siani-hedgehog.livejournal.com]

i'm not sure that's right. i'm pretty sure that anything which is clearly stated to be opinion is allowed.

In the words of Ian Hislop

[sarah-mum.livejournal.com]

'Allegedly'

Re: In the words of Ian Hislop

[whotheheckami.livejournal.com]

Except that his use of the phrase is now considered to not mean anything and no longer works as a get out of jail court card.