Simply put, there are many instances in which the owner or operator of a blog can be liable for the content found on their blog. Anyone that operates a blog is essentially a webmaster in the eyes of the law.
As a webmaster, anything posted on the website that the webmaster maintains is subject to all of the laws in the United States. For example, content posted on a blog may be subject to copyright, libel, and trademark infringement suits, to name a few.
The internet allows almost anything to be placed on the web with little to no initial oversight involved. This means that when it comes to posting content on the internet, it is often the sole choice of the poster as to what gets published. This means that in terms of legal liability, all liability for a blog’s content will typically fall solely on the webmaster or blog creator. As such, webmasters should be careful in the content posted on their websites or blog.
It is important to note that if the blog involves a webmaster that hosts the blog content, then the webmaster could be liable for allowing certain material to be hosted on their website. As the internet continues to grow and blogging continues to grow in popularity, the number of lawsuits related to blogging will also continue to increase. As such, it is important to understand the instances in which a webmaster or blogger may be sued.
What Can Blog Operators Be Sued For?
As mentioned above, blogs can contain various matters involving the law. Examples of common lawsuits that are brought against blog operators or webmasters who host blogs include:
- Defamation: A libel suit is the most common lawsuit against a blogger or webmaster. Libel suits occur when a false statement about another person or business is written or contained permanently, such as writing, a picture, or a sign.
- Online libel is a very common lawsuit for bloggers, as it is easy to show that the statements are in written form. As such, the person harmed by the statement could civilly sue the person that authored or hosted the statement on their website;
- Copyright Infringement: The second most popular lawsuit against blogs is copyright infringement.
- Copyright Infringement on a Website occurs when a website takes protected intellectual information from another source and publishes it on its website without authorization from the copyright holder;
- Trademark Infringement: Trademark infringement is another common lawsuit against blog hosts or bloggers. Similar to copyright infringement, trademark infringement occurs when a blogger or host utilizes a protected trademark without permission from the initial owner.
- It is important to note that the use of another site’s meta tags (i.e., lines of code embedded in a page to attract viewers) can also constitute trademark infringement, especially if the original website misleads individuals;
- Trade Secret Violations: Similar to trademarks and copyrights, trade secrets are valuable confidential information. If such information is leaked online by a blog or website, the keeper of the trade secrets may seek civil damages against the blogger or website host; and
- Right of Privacy Violations: Another common lawsuit against webmasters or bloggers is a right of privacy lawsuit.
- Invasion of privacy lawsuits deals with a violation of an individual’s right to be free from intrusion into or publicly disclosing matters of a personal nature. As such, if blog posts contain confidential and personal information that harms an individual, that individual can bring a lawsuit against the author or host of the information.
How Can a Blog Operator Limit Their Liability?
There are several different ways in which a blog operator can limit their legal liability. First, the individual or company that hosts the blog should always contain a written disclaimer of liability published on the site.
A disclaimer is a written legal statement that limits a blogger or host’s liability by informing the viewer that the author or host can’t be held liable for the information shared on the blog. Waivers can be as simple as a few short sentences at the bottom of the site, or a much longer and more comprehensive waiver posted on a site’s terms and conditions.
Although it may seem obvious, the second way for a blog operator to limit their liability is by not publishing libelous or defamatory facts about another individual or business. It is important to note that one of the best legal defenses against libel is that the statement is a true statement. As such, avoiding the publication of false statements is another way to avoid liability.
Another way for a blog operator to avoid legal liability is by incorporating review and deletion checks for information that a viewer of the blog flags. For example, if the blog is hosted on a website, that website operator could avoid liability by deleting the content in the blog if approached by an owner of a piece of protected intellectual property with a takedown notice. Failure to take reasonable steps to prevent law-violating content from being posted on a blog will result in legal liability.
A blog operator and author should always assume that anything they see on the web is already protected. Therefore, the less information that is taken from other sources, the less likely they are to get in trouble for copyright infringement. Further, if the blog is for profit and makes money from viewers, then they should be even more careful in the information they utilize or how they direct viewers to their website.
When in doubt, a blog operator should always do their homework regarding ownership of a particular item or piece of information before using it. Blog operators should keep written documentation of their investigation of ownership of the item to show that they made a diligent effort in researching ownership. In the end, it is better to be safe and diligent upfront than risk legal action by the owner later.
Another way to avoid liability for using protected content is by getting permission from the owner of that protected content. Although oral consent is valid, it is often better to get the owner of the content’s agreement to use it in writing, as the writing can be later utilized if a legal dispute arises. Further, the blog operator may purchase a license to use the content from the owner.
Once again, permission is usually needed to reproduce a trademark (i.e., any word, symbol, or device that identifies and distinguishes a product or service). As such, if a blog operator’s use of a mark is likely to confuse customers, it will likely constitute trademark infringement.
Owners of famous trademarks often guard their trademarks aggressively; as such, it is best to avoid using any mark that can result in confusion with a famous mark. For example, a blog operator should not create a mark or operate under the name “New York Times,” as doing so may confuse readers.
Finally, a blog operator should never author or allow private or personal information about individuals to be published without their consent. A blog operator should always have an individual’s written consent before writing or publishing private facts about them online. If not, then the blog operator will be exposed to legal liability.
Do I Need a Lawyer for Help With Blog Liability?
If you are a blog author or blog operator currently involved in a civil dispute regarding an Internet blog, you should immediately contact an experienced entertainment attorney.
An experienced attorney can advise you on any legal defenses available to you. An experienced attorney can also represent you in settlement negotiations with the content owner if possible. Finally, an attorney will also be able to represent you in court, as necessary.
