Recent Trends in Defamation Law: From the Straightforward Action in Venture V. Kyle to Unmasking an Anonymous Poster in the "Fuboy" Case

10 Pages Posted: 13 Feb 2018

See all articles by David P. Twomey

David P. Twomey

Boston College - Carroll School of Management

Date Written: February 7, 2015

Abstract

Commentary on social media, chat sites, consumer review sites and more has triggered a remarkable surge in defamation claims, judges must resolve a range of issues, including for example, whether to order ISPs and sites to disclose or unmask the identity of anonymous posters, when resolving these claims. This, against, the backdrop of the First Amendment’s protections of lawful speech, and anonymous speakers. The core elements of defamation claims are covered: statement, publication, damages; as are the defenses of truth and privilege. Conclusions on the speech that is mixed with facts (always protected speech) opinion, and vigorous criticism (possibly not protected speech) suggest that speakers take responsibility for speech so as to avoid claims of defamation.

Keywords: defamation, speech, first amendment, speech, fuboy, social media, chat, anonymous, truth, privilege, ISPs

JEL Classification: K10, K13, K30, K41, K42

Suggested Citation

Twomey, David P., Recent Trends in Defamation Law: From the Straightforward Action in Venture V. Kyle to Unmasking an Anonymous Poster in the "Fuboy" Case (February 7, 2015). Bisuness Law Review, Vol. 48, No. 1, 2015, Available at SSRN: https://ssrn.com/abstract=3119983

David P. Twomey (Contact Author)

Boston College - Carroll School of Management ( email )

617.552.0415 (Phone)

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