Internet Slander/Libel Law Coming To North Carolina?
Posted on February 22, 2009
Back on February 8th, John Hawkins wrote an article How The Internet Damages Our Culture. In it, he wrote
Well, you have individuals from all over the world, who can talk anonymously to people they have no personal connection to and they can say absolutely anything without fear of getting punched in the nose. Put another way, the internet takes away all the factors that keep people from saying the rude things that they may be thinking, but wouldn’t blurt out if they were face-to-face with another human being.
Mostly true. Because there are some things people will say and write about others in the Real World, which is why we have libel and slander laws. Because with Free Speech comes responsibility, and, you just cannot say/write whateverthehell you want about someone else or some entity. If you call someone a pedophile and it is a lie, and the person is damaged, well, they can sue your butt off.
And now it could be coming to the Internet for the State of North Carolina
Law professors tackled the issue of freedom of speech and the internet at a UNC School of Law symposium Friday while the N.C. General Assembly looked at a bill making online posts subject to N.C. libel law.
Harvard Law professor and expert in information law and policy John Palfrey said there is a legal need for online regulation.
“The general impulse to seek to regulate this kind of Internet speech is completely right,” Palfrey said. “We need a sense of accountability in what people say online just as we have in the offline sense.”
The law, S46, can make it an actual class 2 misdemeanor for violation, depending on the severity, and whether the person accused of slander/libel (there is some interesting disagreement on which word applies in what situation, since it is in the cybersphere) apologizes in the proscribed way. You can read the bill for the details, it is rather short and understandable, unlike so many other laws.
Good idea? Bad idea? Personally, I think it is a good idea, if, IF, two things are added on. 1st, there needs to be a way to stop all those who are just so easily offended by everything, as well as people who will frivilously claim to be offended, from constantly demanding apologies. One of the best ways to deal with this is to make sure that the “offended” person actually has standing.
2nd, since this will only apply to North Carolina “sites” and/or residents, there needs to be a way to make sure that someone from another State/country isn’t throwing a tantrum, then slamming the person on a non-NC site.
Overall, I do think it is a good idea. People should be responsible for what they say/write, even on the Internet. What do you think?
» Filed Under 1st Amendment, Bill Of Rights, Constitution, Internet, News, States Rights, Technology
Trackback URL
Comments
7 Responses to “Internet Slander/Libel Law Coming To North Carolina?”
Leave a Reply
People ARE responsible for what they say or write–even on the Internet.
There is NO SUCH THING as anonymity on the web. None. Even if you want to use a pseudonym to cloak your identity, your identity can still be obtained by law enforcement in the vast majority of cases.
Current laws should also be able to handle these kinds of complaints without the addition of further legislation. In addition to cases I’ve seen personally in my state or the lawsuit that had been filed against Tucker Max (which I believe was thrown out and should have been), the law has a remedy for slander and/or libel. Its method of delivery to the offended party shouldn’t matter.
The ACLU will love it!
Strange to see you arguing for it.
Well first of all, the Internet is world wide. The American Government doesn’t own it. Secondly, how is the NC Government going to “enforce” this law? Will they make every person who has internet access “register” with the Government? Like how the Government makes us Gun Owners register? What nonsense.
Yeah let’s let the Government Control the internet. What could possibly go wrong?
This has way to many loop holes in it to even think it’s a good idea. And for anyone who believe’s in Freedom and Liberty to agree with this, is mind blowing to me.
But none of this Government worship surprises me anymore.
I’m sorry, but this is a terrible idea.
I believe what NC is trying to do is codify what measures people can take to rectify impuned libel/slander to make most of it simply a case where someone has to apologize and offer a correction, rather then having to deal with lawsuits and stuff.
Unenforceable and ripe for abuse by government, IMHO. The former akin to fighting fire with fireflies. The latter to letting two-year-olds (or the many Robed Masters and unthinking bureaucrats relevantly with the “minds” of ones) play with matches.
NO NO NO
NET NEUTRALITY IS IMPORTANT
As media and news begins to move from the old media to the internet we need to make sure the internet is not controlled in any way, if we dont by default our news will be controlled.
Plus you are just begging for bigger government by making these internet anti slander laws.
NET NEUTRALITY SUPPORT IT