A blogger in Texas has been jailed for refusing to turn over her computer to a judge. According to several reports, the blogger felt that her personal blog site, on which she had been commenting about persons involved with Anna Nicloe Smith, was a spare time way to express her personal opinions. Then she was sued for defamation.
The judge ordered her to turn over her entire computer and she then claimed it had been stolen. Treating her failure as contempt of court, he put her in jail.
According to a report at arstechnica.com:
Bloggers have increasingly found themselves in hot water for voicing
their opinions over the past few years—last year, the University of
Washington released a report saying that the number of blogger arrests around the world had tripled since 2006. Media Blogger Association president Robert Cox seems to agree with this general trend, telling the Chronicle
that lawsuits against bloggers have more than doubled every year for
the past five years. "Bloggers have a tendency to believe myths—like
that they are judgment-proof," he said.
Breitbart.com has also added this warning:
"A lot of bloggers think of themselves as individuals or maybe writers
but in the courts, they are considered a publisher," Cox said.
His organization has created an on-line course with Harvard Law School, City of New York School of Journalism and News University at the Poynter Institute at Northwestern University to educate bloggers about their legal rights and responsibilities.
"A lot of these cases could have been avoided if things had been worded
just a little differently or if they had double sourced their
information," Cox said.
"Most of the time, these people are not trained journalists."
The spike in suits is due in part to the burgeoning number of bloggers.
About 175,000 new blogs are created every day according to Technorati, a blog search engine.
Here are a couple of tips for bloggers based upon my training as a lawyer.
First, if you are relying upon a source for your information, cite it and give full credit to the report. Second, stay away from accusing people of criminal or immoral conduct. You have more leeway with elected officials, but be careful that you always express such comments as your "opinion" not as facts. And if you do assert matters as facts, you better be able to back them up, and in this regard, two sources are better than one.