Wednesday, July 02, 2003

Worry no more, dear bloggers, speak your heart out! According to Wired News, bloggers gain libel protection. Online free speech advocates praised the decision as a victory. Read Full story.

"Here, the court basically said that when it comes to Internet publication, you can edit, pick and choose, and still be protected," said Cohn.

The case traces back to a North Carolina town in 1999, where handyman Robert Smith was repairing a truck owned by attorney and art collector Ellen Batzel. Smith claimed to have overheard Batzel say she was related to Nazi Gestapo head Heinrich Himmler. He said he concluded that the European paintings he saw in her home must be stolen goods, and shared this in an e-mail he sent to the editor of the Museum Security Network, an organization that publishes information about stolen art.

Without telling Smith the e-mail would be published, Ton Cremers -- the sole operator of Amsterdam-based Museum Security Network - made minor edits, then posted Smith's e-mail to a list of about 1,000 museum directors, journalists, auction houses, gallery owners and Interpol and FBI agents.

Three months later, Batzel learned of the post. She contacted Cremers to deny both the stolen art and Nazi ancestry allegations. She also said Smith's claims were motivated by financial disputes over contracting work.

Smith said he had no idea Cremers would publish a private e-mail on the list or on the Web.

Batzel sued Smith, Cremers and the Museum Security Network for defamation and won. Cremers appealed.

The appeals court questioned whether Cremers' minor edits to Smith's e-mail altered it so much that the post became a new piece of expression, and decided it had not. But because Smith claims he didn't know the e-mail would be published, the court also questioned whether the immunity provision of the Act applied, and passed the case back to the district court. The lower court will reconsider whether Cremers had reasonable belief that Smith's e-mail was intended for publication. (Source: Wired News)