Page 17 - Leisure Living Magazine June 2017

Be Careful When Expressing
Yourself Online
“Law You Can Use” Courtesy of the Ohio State Bar Association
More than
179 million
Americans use
social networks
and blogs,
according to a
recent eMarket-
er report, but
more than half
(57 percent)
of Americans
who use social
media have
posted or tex-
ted something
that they regret
afterward. According to the 2015 YouGov survey, the major regret cited is concern about harming a workplace reputation. A social media user should be aware of some of the most prominent legal issues that may arise from posting content.
Q: If I write my own blog or post on sites, can I say anything I want?
A: In a landmark 1972 U.S. Supreme Court decision, Justice Byron White explained that the freedom of the press is a “fundamental per- sonal right” not confined to traditional media like newspapers and magazines. For most of American history, lawsuits regarding freedom of the press have focused on news outlets that profit from selling their coverage and commentary about others. Now that a studio or printing press is no longer needed to reach mass audiences, bloggers whose postings generate controversy also may become targets of lawsuits. As a blogger, you should remember that the protection of your speech has limits. Just as the law does not protect a person who yells “fire” in a crowded theater when there is none, your right to free speech is not absolute.
Q: Do I have to use my name when blog- ging or posting online?
A: You can choose to let the readers know
your iden- tity or you can remain anonymous. Supreme Court rulings have equal- ly protected the rights of both known and anony- mous authors. Recent defa- mation law- suits brought by individuals
and businesses have had varying degrees of suc- cess in forcing Internet service providers to pro- vide the true identity of an anonymous blogger or comment poster.
Q: Might I be guilty of defamation for something I say or write?
A: Yes. “Defamation” is damage to some- one’s reputation caused by a public, intentionally false statement that is presented as a fact, either through speech or the written word. In general, a private citizen claiming defamation must prove your comments were false and that you acted negligently in failing to discover the truth. A public figure claiming defamation must prove “actual malice,” meaning that you published the comment even though you knew it was false, or you showed reckless disregard for the truth.
Q: What is invasion of privacy?
A: Invasion of privacy generally means you’ve intruded into someone’s private secluded area or private affairs and published information without his or her consent. Invasion of privacy claims may also arise when you publish personal details that have not been made public, such as a person’s sexual orientation or a private romantic encounter.
Continued on page 18
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