Archive for October 11th, 2006

Bloggers beware–here comes the judge

October 11, 2006

A court in Florida awarded $11.3 million in damages to a woman whose business was damaged by online attacks. Here’s the story from USA Today.  This particular story is interesting because the defendant never showed up and didn’t have an attorney because she lost her home in Katrina. And the battle was over the service she received in helping retreive her sons from a boarding school in Costa Rica where her divorced husband had sent them. Apparently she didn’t like the service she received and posted some bitter complaints on a blog or forum site.

Having been involved in helping companies deal with vicious and untruthful online attacks, this will be seen by many as an important precedent for those concerned about protecting reputations. From that standpoint, I welcome it. The $11.3 million judgment is of course, silly. How they came to this amount from the damage this small business may have experienced escapes me. And of course it is a rather empty victory given the defendant never showed up and clearly does not have the ability to pay.

Another concern is the impact on the freedom of speech that is a value dearly held by the blog world. To know that you can sustain this kind of damage when blasting out your thoughts in the heat of the moment is going to give some people pause. It probably should to some degree. But if our legal system has the same impact on Internet communication as it has in our health care system, our product liability situation, and in most other areas of our lives, we will all be the losers for it. So I hope some balance emerges.

Advertisements