The People vs Internets

After reading Learning the Legal Landscape chapter of Brian Carroll’s “Writing for digital media.” I’ve decided to forgo my dreams in becoming a VH1 reality star and perhaps take a chance at becoming an attorney.

In this chapter Carroll offers some keen insights on how to avoid entering a court room for posting digital content that violates privacy, trademarks, or copyright matters; just to name a few.



So How do you protect yourself from a libel Suit?

Carroll stress that a writer should use:

• Good journalistic and communication practices; 
• Have a solid story and follow documentation;
• Use at least three credible sources, when stating a claim; 
• KNOW THE LAW!

Following these four points are just a considerations that the author encourages his readers to follow if they want to prevent having to deal with libel lawsuit.

In the chapter Carroll's reveals the six hurdles that a plaintiff must clear all six to win a libel lawsuit:

1. Defamation: Prove material is derogatory
2. Identification: Prove at least one other person could read and identify plaintiff in story
3. Publication: Did it reach a third party?
4. Fault: “Actual malice,” prove reporter had a reckless disregard for the truth
5. Falsity: Prove that the story is false
6. Injury: Compen$atory damage$, $special damage$, and Punitive damage$ 

I was surprised to have learned that Private citizen and public citizen do not occupy the same space in the legal system.

Sparingly; celebrity socialites like Amber Rose and Kim Kardashian have virtually no libel protection because they’re viewed as All-purpose public figures.

Which explains why celebrity blogs like TMZ can make a trillion claims concerning Lindsay Lohan personal affairs without ever being severed with a Subpoena.

[So] when you are too inflential in the public and are highly praised, prepared to get buried by The National Enquirer, MediaTakeOut, or even The Source.

However, if your labeled as a limited public figure like Monica Lewkinsky. A person who’s pulled into the public sphere will obtain this protection.

The chapter was very informative and it helped me to understand how to use copyrighted material in a manner that follows Fair use. Not to mention aviod publishing digital content that violate a person privacy rights, Great read!

Walford Guillaume