Libel suit has implications across Twitterverse

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http://www.statesman.com/news/libel-suit-has-implications-across-twitterverse-1204993.html

Libel suit has implications across Twitterverse
Experts weigh in on the type of posts that could land you in legal trouble.
By Omar L. Gallaga

On March 17, 2009, rock singer Courtney Love posted a series of messages on Twitter about a fashion designer she'd been working with, Austin-based Boudoir Queen owner Dawn Simorangkir . The tweets (as well posts allegedly written by Love on MySpace and on Simorangkir's storefront on Etsy.com) have become the focal point of a lawsuit brought against Love that is scheduled to go to court Feb. 8 in Los Angeles. According to the lawsuit, Love and Simorangkir (who is also known as Dawn Younger-Smith) had been working together on fashion designs but had a falling-out over payments. Love is then said to have made disparaging comments online about Simorangkir that included a wide range of allegations about her boutique business and criminal activity.

In her suit against Love, Simorangkir is seeking compensatory and punitive damages for harm she says was caused to her reputation and to her business. She'll have to prove, in accordance with the legal standard for libel, that Love made defamatory statements about her and that she suffered damage as a result. If the court chooses to view Love (and by extension, Twitter users in general) as a journalist, Simorangkir will have to prove that Love made false allegations and meant to do so (so-called "actual malice").

The case will be followed not only by salivating celebrity gossip columnists but by legal experts, journalism scholars and companies and celebrities who frequently use social media. It will be one of the most high-profile examples yet of the legal issues that arise over what can and can't be said online. As social media services like Twitter and Facebook continue to grow (Twitter has about 190 million users worldwide; Facebook is approaching 600 million), more people than ever are posting their rapid-fire thoughts online without much thought to potential legal liability.

Cristi Trusler , an Austin attorney and mediator specializing in family law, says that trying to hide online posts behind a private Facebook account or on a Twitter account with few followers doesn't give a person posting libelous comments about an ex, an employer or anyone else much protection, she said. "It doesn't really matter whether you put it on a giant billboard or a blog or tweet it," Trusler said. "If you put it in writing, meaning you publish it or give it to anyone, it's out there."...

[wtmusic]

1. Courtney Love finds relevance. nt