Sued for Nuetral or Positive Feedback, libel?

[thedapp]

What is the name of your state? California

I've done a bit of research on the issue of libel and defamation, so hopefully no one will consider this question ignorance on my behalf.

Q: Can I be held liable if I write or maintain a blog that contains a statement that does not say "anything bad" about another person or business? ("anything bad" meaning to what most people consider as a negative)

Could someone possibly argue that what I said is libel? For (lame) example if I say "Bob Dylan IS the best musician ever" could Prince sue me because he argues that he's the best. Or if I say "Bob XXX was an okay boss" could my boss sue me?

Thanks.

 

[quincy]

Well, to begin with, anyone can pretty much sue anyone else for any reason whatsoever - even if they don't have a chance of winning such a suit.

To answer your question generally, however, it really depends on what you say. In your example, you are giving an "opinion", and opinion is free speech. It is a statement that cannot be proved true or false. Is Bob Dylan the best musician ever? You could probably give me several reasons why you believe that, while I could probably give you several reasons why I believe otherwise. Neither of us could be proved right.

Saying your boss is "okay" is, likewise, opinion. I may think he is less than okay, but I cannot disprove what you think.

But there are times when opinion, or truth (which is also a defense to any defamation claim), can get you in trouble - and not just with the type of person who will sue for any reason whatsoever. These times would be when you blog about someone and either imply "false fact" or invade their privacy.

If I were to say "I don't believe Mr. X is the thief everyone else says he is", that is defamatory. I am still stating an opinion, but implying by my statement that Mr. X is a thief.
And if I were to say that Mr. X is very brave to be undergoing the experimental cancer treatment, I may be, again, stating an opinion, and Mr. X may, indeed, be undergoing experimental cancer treatment, but Mr. X may have wanted this information kept private - in which case, I have publically written and disclosed "private" facts about Mr. X. This is an invasion of privacy.

Blogging has gotten a lot of people in trouble in the past, because people who write on the Internet tend to believe they can say whatever they want about whomever they want - and that just isn't true. Whenever you write about someone, you risk a lawsuit, whether what you write is true or nice or an opinion or not.

The safest way to blog, therefore, is to stick to writing about inanimate objects or animals - they can't sue.

 

[thedapp]

Thanks quincy! That helped a lot. I'll do my best to not be slapped with a lawsuit.

 

[quincy]

Avoiding lawsuits is always a good goal.