In most cases, they're right. Laws governing the Internet generally protect ISPs more than they do companies or individuals that might be maligned. Comments that could be considered libel in newspapers or magazines often flow freely online.

On the Internet, it's much harder for those who think they've been libeled to seek recourse, or even to find out who posted the offending words. Although some people and companies have been successful in tracking down and filing suit against perpetrators of alleged libel or defamation, it's far more common for such attacks to be allowed under the banner of Internet privacy.

Smear Tactics

A quick legal definition: Defamation is a false statement that harms someone's reputation, published as a result of negligence or malice. State laws allow for some nuance, but in general, libel is the written form of defamation and slander is the spoken form. Until podcasts begin getting targeted for suits, defamation on the Internet largely falls under the heading of libel.

Examples of grumbling, accusations, insults, and just plain lies aren't difficult to find online. Some sites are replete with all kinds of opinions, such as those that rate restaurants and hotels. Some blogs make it a practice to collect complaint letters sent to companies.

Other outposts on the World Wide Web pack a bit more venom. "Flaming," or making incendiary statements, is not uncommon in Internet forums, and numerous bulletin boards have had to do some digital firefighting to calm the mood, barring participants who make offensive comments. And several disgruntled individuals have set up Web sites that blast companies or even ex-lovers.

Proving that something actually constitutes defamation, though, takes some effort. "Criticism, in and of itself -- it's 'actionable' under U.S. law," says Jane Kirtley, a professor of media ethics and law at the University of Minnesota. "There has to be a showing that the statement can be proven to be false, and that it harms the reputation of a company or individual."

Expressions of opinion are protected under constitutional law. But an opinion that is based on false statements can be the basis of a libel suit, Kirtley says. And if you libel a private figure, like your roommate or the barista down the block, that offense is more likely to land you in court than if you had smeared a public figure like a senator or starlet. (continued...)

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