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Derby blogger court case points up risks over commentsJun 21, 2009 (New Haven Register - McClatchy-Tribune Information Services via COMTEX) -- The court system will ultimately decide if a Derby blogger, who referred to political figures as the "mob" and "klan," and wrote about people being drunk, chasing children with bats and hiking naked in a park, was on solid legal ground. As blogging becomes more common, so have lawsuits against bloggers, and debates over the First Amendment, freedom of speech and what crosses the line into defamation. "There is this misconception that the Internet is the Wild West with no laws and people can get away with anything they want to," said David Ardia, director of the Citizen Media Law Project at Harvard University's Berkman Center for Internet and Society. "There is a steady increase in the number of cases against bloggers," Ardia said. "My intuition is that it is because more people are blogging, and more people are paying attention to what is being said against them." Former Derby mayoral candidate Melvin Thompson for years anonymously posted comments on his "Derby Politics" blog. Thompson admitted being the author of the blog in May when police seized his computer after they received a complaint from Derby Democratic Town Chairman Samuel Rizzitelli, who alleged that Thompson tried to get him to pay him money in exchange for removing derogatory blog posts about him. Rizzitelli has withdrawn his complaint to police, but is still pursuing legal action against Thompson in Superior Court. Thompson, a member of the Democratic Town Committee, says his blog postings are protected free speech and have included "political parody," and he denies any extortion or wrongdoing. Rizzitelli, an attorney, claims the blog defamed him, and the situation has "consumed his life," causing him to lose sleep and weight, and to have elevated blood pressure. He says he has been affected financially, with less work coming his way because of the false accusations. BLOGOSPHERE Many people are becoming bloggers, as an opportunity to express themselves, comment on current events and even earn cash through advertising if their blog becomes popular. Robert Cox, president of the Media Bloggers Association, a New Jersey-based nonprofit organization, said the group was founded in 2004 for bloggers facing legal threats. Initially, there were about a dozen legal cases against bloggers, and the number has more than doubled each year since, according to Cox. "There are now a significant number of cases," Cox said. "While I can't give a definitive number of the legal threats against bloggers, it is in the hundreds." According to Cox, about twothirds of the complaints filed related to blogs are for allegations of defamation, with the other third a combination of alleged privacy and copyright violations. "The landscape is more litigious," Cox said. "There are far more people blogging, and more ways to keep track of what people are saying, such as through Google news alerts. That used to be like looking for a needle in a haystack, but now the other side of a particular issue can find those needles." With a local blog about a particular community, local residents likely will be quickly aware of what is being written about them, Cox noted. Cox said he asked attendees at a recent bloggers' conference how many had received legal threats, and about 70 percent raised their hands. The association has advice on its Web site, at www.mediabloggers.org, for reducing the likelihood of someone suing successfully. "You should put yourself in the most defensible legal position," Cox said. Education and training are important for bloggers, according to Cox. Courses are available, such as one available on online media law through News University, at www.newsu.org. According to the Web site, the course specifically addresses defamation, privacy and copyright issues and how to be on firm legal ground. "That at least teaches bloggers the right questions to ask and how to avoid obvious mistakes," Cox said. Ardia, of the Citizen Media Law Project, teaches the online media law course, which is free. "We cover topics like understanding defamation and libel a great deal," Ardia said. "We saw a real need for educational material for someone who isn't a journalist but faces legal risk by publishing online. Bloggers must understand that there are risks associated with publishing information online, he said. Even if someone publishes anonymously, if they are sued, they can't remain anonymous, according to Ardia. "There is the risk of defamation, which is any false statement of fact that harms the reputation of another," Ardia said. "We cover privacy issues, and how even if something is truthful, you can get in trouble by writing about someone's private medical information or sexuality." When a blogger uses photos, documents or video without permission, they run the risk of copyright infringement, he said. "It is up to bloggers to educate themselves, and there are resources out there to help them," he said. His organization is at www. citmedialaw.org. Jokes, parodies and poking fun at politicians are protected free speech, according to Ardia. "People should rely on common sense," Ardia said. "If you are writing something, and it would upset you if someone wrote it about you, then that is a good indication to be careful. Have your facts straight and think twice before you submit it." USE PROTECTION Experts also suggest legal liability insurance. The association worked with Media/Professional Insurance to develop media liability insurance for bloggers last year, according to the association's Web site. "When it comes down to whether something is or is not defamation is for a judge to decide," Cox said. "Defending a full-blown defamation lawsuit can be very expensive, and that alone may be punishment enough for many bloggers." Cox said he isn't familiar with the "Derby Politics" blog, and he said Thompson is not a member of the association. "We don't support blogging anonymously," Cox said. "We believe you own your own words and ought to blog under your name. We have granted some exceptions, such as if someone is in the military." The association outlines several standards it encourages for bloggers, such as using their real names, crediting sources, "stating what they know and how they know it," and "distinguishing fact from rumor and speculation," according to its Web site. The best defense against a defamation claim is if the information that was published is true. The New York-based Media Law Resource Center tracks judgments in cases involving bloggers. Sandra Baron, center executive director, said that of the cases it has found, $17.5 million has been awarded against bloggers, though some of those cases could have appeals pending, and $44 million has been awarded in cases in which defendants didn't show up in court. The nonprofit center monitors developments and promotes First Amendment rights in the libel, privacy and related legal fields, according to its Web site. "There isn't any doubt that the more information there is online, and the more information that is posted, the more lawsuits there will be," Baron said. "There has clearly been an increase in lawsuits against people who post information online in the last five to 10 years. If what is posted states or strongly implies (that something untrue is) a fact, then the publisher may open themselves up to a libel claim." "What a court will look at is whether or not a reasonable reader will understand that what is being said is meant to be a fact, or cartoonish and something not meant to be real," she added. "When there are rivals in a political field, the courts will often give them a little more space than if it was two neighbors or private citizens. It is understood that in the political arena, there may be more opinion and name calling." NAME CALLING Attorney Jon Schoenhorn, who is based in Hartford, represents Avery Doninger, who claimed school officials in Burlington unfairly disciplined her for calling school administrators "douchebags" on her blog. She was barred from running for senior class secretary, and claims administrators violated her rights to free speech. "Blogging is the soapbox of the 21st century," Schoenhorn said. U.S. District Judge Mark Kravitz ruled that school officials were within their rights to discipline Doninger. Those involved have said the case may ultimately end up before the U.S. Supreme Court. "In our case, where people were called 'douchebags,' everyone is entitled to an opinion," said Schoenhorn, who isn't involved in the Derby case. As for whether comments made by bloggers could result in successful libel claims, he said, "Libel is libel, and is not protected by the First Amendment." "The issue is -- Was it true or false? Was it known to be false or was it written in reckless disregard of the truth? Was there malice?" Schoenhorn said. "It raises the exact same First Amendment issues that apply to any publication." To see more of New Haven Register, or to subscribe to the newspaper, go to http://www.nhregister.com. Copyright (c) 2009, New Haven Register, Conn. Distributed by McClatchy-Tribune Information Services. 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