Sample Essay on:
Defamation Laws And The Internet

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Essay / Research Paper Abstract

An 18 page paper that begins by providing a definition and explanation of what defamation is and the criteria for a lawsuit. The writer discusses the difficulties associated with defamation and the Internet, including the degree of responsibility that is assigned to ISPs. The paper provides a number of lawsuits brought as a result of defamatory comments made on the Internet. Bibliography lists 12 sources.

Page Count:

18 pages (~225 words per page)

File: MM12_PGdfnet.rtf

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Unformatted sample text from the term paper:

and slander" (Johnson/Hansen, 2006). * Defamation is a false statement about a person that causes harm, which is why it is often referred to as defamation of character. It harms that persons reputation (Johnson/Hansen, 2006; Larson, 2003). One of the issues that is always called into play is the balance between defamation and free speech (Johnson/Hansen, 2006). In other words, the free speech rights of the speaker and the reputation of the target (Johnson/Hansen, 2006). * Slander is a verbal defamatory statement (Larson, 2003). * Libel is defamatory statements that are published in a fixed medium, like a magazine or newspaper (Larson, 2003). Certain criteria are established for brining a legal defamation action: The statement must be false and defamatory (Larson, 2003). The statement must be published, available to others besides the target of the statement (Larson, 2003). The subject of the statement must cause some sort of damage (Larson, 2003). In defamation law, "a statement is published when it is made to the third party" (Larson, 2003). That means it does not mercenarily have to be written or printed (Larson, 2003). However, Larson (2006) says: "Most jurisdictions also recognize "per se" defamation, where the allegations are presumed to cause damage to the plaintiff." Defamation laws emerged from common law but many states have enacted specific laws about defamation (Larson, 2003). That means defamation laws are now found in statutes. The types of statements that would be covered by defamation laws include "attacks on a persons professional character or standing" (Larson, 2003). This is probably the most common cause for defamation lawsuits. One of the many challenges in interpreting defamation laws is the issue of opinion (Larson, 2003). If someone writes something that is his own opinion, is that defamation (Larson, 2003). For example, someone could post that ...

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