Usa And France On The Network Defamation Tort Liability Study

The Internet is"a unique and wholly new medium of world wide human communication"that enable tens of millions of people to communicate with one another and to access vast amounts of information from around the world. The main attraction of this medium has been the ease with which online users can communicate with each other and view information. Once the defamatory information enters the information stream, it may have a greater impact than if it had appeared in print. This article examines when liability arises for defamatory statements sent or created electronically.Defamation occurring over the Internet on websites, in emails, on bulletin boards, or even during chats in chat rooms may be actionable. A civil action for defamation is based on a violation of the right to be free to enjoy a person's reputation unimpaired by false and defamatory attacks.The elements for a cause of action for defamation are:(1) A false and defamatory statement concerning the plaintiff;(2) An unprivileged communication to a third party; (3) Fault by the defendant amounting at least to negligence;(4) Special harm, damage to reputation, or the actionability of the statement irrespective of any special harm.Generally, every person or entity who, either directly or indirectly, publishes or assists in the publication of an actionable defamatory statement is potentially liable for the resulting injury to the plaintiff's reputation. This includes persons who republish a defamatory statement or those involved in a conspiracy. The liability of Internet service providers ("ISP") in defamation actions has been extensively considered in case and statutory law and is continuing to evolve. There are cases discussing the parameters of finding an ISP liable for defamation.Important federal legislation, the Communications Decency Act, provides general immunity to an "interactive computer service provider, which provides or enables computer access by multiple users to a computer server, including specificallya service or system that provides access to the Internet." However, no immunity is provided to "Internet content providers," which are "responsible…for the creation or development of information provided through the Internet or any other interactive computer service."The remedy for publication of a libelous or defamatory statement that is not privileged generally is damages, even though monetary damages after the fact may not be totally effective. Injunction against publication or a criminal action after publication may also be available.