The Internet has facilitated us to communicate with each other without the limitation of both space and time. Unfortunately, not everyone can make good use of such scientific blessing. Moreover, law enforcement cannot adequately supervise and regulate all things on the Internet, and it is not because the authority does not want to, but the Internet is too enormous to control.

However, as a good citizen, obeying the law is the must. And in today’s opportunity, we are discussing online defamation, an Internet offense toward individuals, groups, or even the whole people of a country.

Why Defamation Law is Important

Everyone has the means to make their opinions go public. Social media like Facebook, Twitter, and Instagram allows people to put their thoughts online, which is a thing that is always good. When an individual makes a judgemental opinion over a vague case that involves an institution, powerful organization, companies, or sovereign figures, the chances are that the case will end up with a lawsuit.

In some countries, the political incumbents get easily irritated with criticism, and people are going to jail because of careless commentaries. These days, political figures are more concerned with online defamation because they realize that billions of people are connected to the Internet. One defamatory statement by a popular individual can bring a politician’s career to an end.

Online Defamation Law

Defamation can be categorized into two types: slander and libel. In a nutshell, slander is oral defamation and libel is the written one. Libel in cyber context is represented by a post, comment, or any other forms of online statements that are false, unfair, and harmful to a person’s reputation.

In countries that guarantee free speech to their citizens, defamation is put against the principle of free speech. People are supposed to be responsible for any defamatory statements they publish. And a statement is deemed as a violation of the law if there is no supporting evidence to the argument. Besides making statements, leaking scandalous information is also a subject in the antidefamation law. For instance, The Communications Decency Act of 1996 (CDA) in the United States regulates the nonconsensual spread of pornographic materials on the Internet.

Section 230 protections of CDA is a defense for internet intermediaries. It has been extended to protect the intermediaries against claims such as interference with business expectancy, breach of contract, violations of federal rights, and emotional distress. Sections 230 provides immunity to the “provider of user” of an “interactive computer service.” It also offers legal shield to bloggers who act as an intermediaries by hosting comment on their blog, so the host has no liability for the comments from its readers or guests.

The Difficulties in Defamation Case

Defamation cases are considered as the hardest and most problematic to be conducted in the court. The expense is humongous, and the result is unpredictable. Expert commentaries on the matter of the case can be inconclusive, which complicates the situation even further.

There are many reasons for the indecisiveness of a cyber-defamation case. One of them is anonymity. Anonymous speakers conceal their identities while spreading the false news. And in many cases, only the identity of the web host is traceable. But the host is legally not liable for the anonymous libel.

Second, different region means different law. Although a defamatory statement is made by a real account, when he/she lives in the abroad, enforcing the law may be difficult to realize. Some countries even do not think cyber defamation as a serious thing to be included in their law bills.

Avoiding Defamation on the Internet

The case for defamation on the Internet is a sophisticated subject, which in general, leads only to vague enforcement. But it does not mean that you can be free from trouble if you make an online defamatory content. Some powerful figures do not take defamation lightly. They can pursue you until they are sure that you serve the justice.

Always be careful when creating online content. If you are about to make a controversial claim, you must double-check all the evidence you have got.