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Anonymous Blogging and Defamation: Balancing Interests of the Internet

8 Pages Posted: 18 Feb 2008 Last revised: 27 May 2014

Betsy Malloy

University of Cincinnati - College of Law

Abstract

As more and more people create personal websites and blogs, courts are more frequently asked to rule on questions related to the Internet boom. Specifically, an issue has arisen concerning what standard to apply in defamation suits brought against anonymous bloggers. Courts have wrestled with producing an appropriate standard for revealing the identity of an anonymous blogger who posts allegedly defamatory material on a message board or website. Recently, in Doe v. Cahill, the Delaware Supreme Court created a strict standard that makes it extremely difficult for defamation victims to bring suit against anonymous bloggers. The standard created is far too sympathetic to anonymous bloggers and fails to address important issues facing victims of defamation.

It is important not to silence communication on the Internet, but it is just as important not to silence victims of defamation. Therefore, this comment argues for the protection of libel plaintiffs facing defamatory comments from anonymous bloggers.

Keywords: Blogging, defamation

Suggested Citation

, Anonymous Blogging and Defamation: Balancing Interests of the Internet. Washington University Law Review, Vol. 84, p. 1187, 2006; U of Cincinnati Public Law Research Paper No. 08-05. Available at SSRN: https://ssrn.com/abstract=1093525

Betsy Malloy (Contact Author)

University of Cincinnati - College of Law ( email )

P.O. Box 210040
Cincinnati, OH 45221-0040
United States

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