CNN logo navigation Infoseek/Big Yellow Pathfinder/Warner Bros Tech banner Puzzled about doing real business on the Web? rule CAUTION: ANYTHING YOU POST MAY BE USED AGAINST YOU Libel May 4, 1997 Web posted at: 9:51 p.m. EDT (0151 GMT) In this story: * When slander becomes libel * Privacy issues * E-mail can make it a federal issue * The wrath of large corporations (AP) -- When the Founding Fathers wrote the First Amendment protectingfreedom of the press, they never imagined millions of Americanswould someday have their own version of one sitting in their backrooms. But with the advent of the World Wide Web, that's exactly whathas happened. And from this revolution has emerged a new legalquandary: Just what standards are private individuals to be held towhen it comes to what they "publish" on the millions of Web pagesand other online forums that serve as the world's soapbox? To a great extent, the answer thus far is this: No one knows.With the Web revolution less than 3 years old, a body of case lawhasn't yet been built up. But lawyers who study online issues dohave some observations -- and advice. When slander becomes libel First off, they note, the line between slander, once the realmof individuals, and libel, the bane of publishers, has beenblurred. It used to be that spreading malicious gossip aboutsomeone down at the barbershop could lead to charges of slander.But slander, by definition spoken, was hard to prove and generallydidn't reach enough people to do any major harm. Post that same information where it can be read by millionsonline, however, and you've suddenly entered the realm of libel --governed by stricter laws originally written to cover printpublications. "Let's face it," says Mark Rasch, director of informationsecurity law and policy at the Center for Information Protection atScience Applications International Corp. in McLean, Virginia. "If I wereto print up a handbill saying bad things about my neighbor thatwere false, at most I could distribute a couple of hundred of them.With the Web, I can now damage his reputation worldwide." The law is clear: Libel consists of publishing a false anddefamatory statement about an identifiable person, causing injuryto the subject's reputation. Often tied to it is the legal notionof defamation, defined as that which exposes a person to hatred,ridicule or contempt, causing them to be shunned or injuring theirbusiness or calling. Truth is always a defense against libel, so if your Web pagesays someone has two heads and they do, you're fine. But saythey're a murderer and you can expect someone to come asking forsome proof -- and possibly a bill for damages if you don't have any. Privacy issues Then, there's invasion of privacy. It's one thing to pass alonga juicy bit of gossip to a friend. It's quite another to post it tothe Web. "Let's say, for instance, you disclose some private fact aboutsomebody -- say, their medical records. Or you snuck into theirhouse and took a nudie photo of them and put it up on the Net. Thatwould be a no-no under civil law and they could sue for damages,"says David Banisar, staff counsel for the Electronic PrivacyInformation Center in Washington, D.C. Although few of these cases have actually gone to court, lawyersoften are called in when things get ugly. "I know of a few cases where the ex-husband and ex-wife havegone after each other on the Net," Banisar says. "In oneinstance, the ex-wife put up a diatribe page on what a scumbag hewas and how he wasn't paying his child support -- and gave out hisphone number so suitably angry women could take it up with him." Remember, too, that the Internet's reach magnifies everything inthe eyes of the law. E-mail can make it a federal issue Shouting "You jerk, I'm gonna belt you one!" at a carelessdriver who runs over your mailbox won't get you into trouble. Butposting the threat on the Internet is dangerous. It's all aquestion of reach: Anything done over a telecommunications deviceis automatically an interstate communication. "This suddenly makes it a federal issue if you e-mail,"Banisar warns. State statutes vary, but when federal laws come into effect, anycommunication containing a threat to kidnap or injure a personcarries with it the possibility of imprisonment up to five years ora fine of up to $1,000. And an entirely different level of concern pops up when theobject of the threat is an elected official. Like the "no jokes"signs posted by airport metal detectors, the FBI has no sense ofhumor when it comes to threatening officeholders. "We can't forget all those idiots arrested for sending threatsto the president. So don't send threats to the president overe-mail. It's a federal crime," Banisar says. Fraud is another sticking point. It's illegal everywhere, ofcourse. But the Federal Trade Commission has taken an especiallyhard line against fraud on the Net. Send a snail-mail chain letterasking for money and you might get a call from postal authorities.Try it on the Web, however, and you'll be investigated by the FTCforces who track online scammers. The wrath of large corporations But in the end, the biggest vulnerability of any self-publisheron the Web is probably the wrath of large corporations. You can say their logos are ugly and their presidents are jerksand they don't flinch. But try using any variety of a heavilytrademarked name or image on your site and watch the injunctionsflow. Generally speaking, it's other businesses who get into trouble.But, once in a while, an individual will set out to make a point --and get a legally phrased e-mail in response. Several cases haveresulted in Web sites' being taken down, including individuals whoposted statements against Kmart and McDonald's. Overall, remember that putting words or pictures up on your Webpage is just like publishing them in the newspaper. Use Rasch's simple test: "What you should avoid putting on theWeb is the same stuff you'd avoid putting on leaflets and handingout on the street." Copyright 1997 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. rule Related sites and stories: * The Communications Decency Act: Related sites and stories - June 12, 1996 External sites are not endorsed by CNN Interactive. rule Watch these shows on CNN for more sci-tech stories: CNN Computer Connection | Future Watch | Science & Technology Week rule Message Boards Sound off on our message boards Tell us what you think! You said it... 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