TITLE

TOWARD A MODEL LAW OF INTERNET LIBEL: PROTECTING CITIZEN JOURNALISTS WITH ACTUAL MALICE

AUTHOR(S)
MORO, NIKHIL
PUB. DATE
June 2012
SOURCE
Journal of Media Law & Ethics;Summer/Fall2012, Vol. 3 Issue 2/4, p33
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The Supreme Court of the United States has never explicitly extended to bloggers and Web-publishing citizen journalists the constitutional privilege - the actual malice doctrine - it created for institutional media in New York Times v. Sullivan and its progeny. Nevertheless, in an Internet-mediated information society, those "nonmedia" defendants have emerged as ubiquitous publishers distinct from "media" defendants such as well-heeled news and entertainment corporations. Consequently, there is a danger that courts in different jurisdictions will interpret the constitutional privilege differently, if at all, for nonmedia defendants and a need to "debug" libel law to unequivocally protect nonmedia publishers. This paper presents a contemporary analysis of the actual malice doctrine, which it argues should be extended to explicitly apply to bloggers and Web-publishing citizen journalists.
ACCESSION #
85391723

 

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