If So Many Content Creators Don't Understand The Law... Perhaps It's The Law That's The Problem?
from the symptom-or-disease? dept
People look at blogging or other user generated content endeavors as being no different than talking to a friend. They view the internet as just another way to communicate, rather than as a mass "publishing" platform. But defamation laws aren't built for such a world where everyday communication is also available to the masses. Defamation laws are really designed for a day when there was a restriction on publication. It was to deal with the situation where a powerful publishing entity could write false things, and the victim had no recourse or way to respond. That's just not the case anymore. These days, just about anyone can respond with ease and make their voices heard. Yes, you still have the occasional situation of "mob justice," where a false statement falsely lives on -- but the traditional expansive view of defamation law makes less and less sense when pretty much anyone has access to their own publishing mechanism to respond.
So rather than complaining about the fact that not enough bloggers are taking the time to learn the intricacies of defamation law -- perhaps we should be wondering why that defamation law is there in the first place?