Legal Question in Technology Law in Indiana
What constitutes defamation on the internet
My neighbor is a political activist and writes for an opinion piece for a magazine. We recently had a political dispute via email, and approximately one month later I read one of her articles where she talks about our dispute and some of the words that were exchanged. Although she does not name us, she refers to us as the ''couple across the street'', which does not leave much to the imagination. Is there anything illegal about this, as she is considered a ''public figure''?
1 Answer from Attorneys
Re: What constitutes defamation on the internet
Defamation on the internet is the same as defamation in any other forum. A defamatory statement is one which makes a false factual assertion and which damages the reputation of the subject. The burden of proof is higher for a *plaintiff* who is a public figure than for one who isn't, but whether the *author* is a public figure doesn't matter.
Your question doesn't say that your neighbor made any factually false statements about you. Accurately quoting your emails generally would not be defamatory, though it could be if the quotations were taken out of context. Saying the statements came from the person across the street instead of identifying you by name also makes it less likely that you were defamed, since your reputation can only be damaged if people know who the author was writing about and since, pesumably, few people know who lives across the street from even their favorite columnists.
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