This document analyzes modern defamation law and how it applies to the internet. It provides a brief history of key defamation law cases establishing standards like actual malice. It also discusses challenges for the law around anonymity on the internet, employer suits, and distinguishing between traditional and social media. The conclusion states that internet defamation law is currently unsettled but must adapt as the internet continues growing to determine when anonymity can be pierced and republication rules.

1. LIBEL AND THE INTERNET:
ANALYSIS ON MODERN
DEFAMATION
Khylie Kight

2. Intro
◦ Reputation is a key component of modern society
◦ Reputation affects careers, family and friends, and likelihood of success
◦ Defamation Law protects individuals from malicious degradation
◦ The changing face of media will bring change to the law as well

3. Brief History
◦ Defamation is “the publication of material that would tend to hold one
up in hatred, ridicule, contempt, or spite
◦ New York Times v. Sullivan
◦ Defined that defamation must fall under “actual malice”
◦ Dendrite International v. Doe
◦ Set up the Dendrite test which is the current standard for revealing an anonymous
individuals identity
◦ Gertz v. Welch
◦ You must prove negligence to receive defamatory damages
◦ Milkovich v. Lorain Journal Co.
◦ A statement must be provably false to be defamatory

4. Analysis
◦ Heidi Keuhl
◦ “increased use of social media brings a greater responsibility to use it properly”
◦ Margo Reder
◦ “employers suits… are worrisome because of the potential for extra-judicial action”
◦ Raymond Placid
◦ Twitter and Libel have been “problematic for lower courts because the internet
blurs the line between traditional and social media”

5. Conclusion
◦ The current state of internet defamation law is in temporary disarray
◦ The internet will continue to grow exponentially so we must grow to
meet it by finding defining:
◦ When it’s okay to reveal anonymous users
◦ When is republication faulted on the republished
◦ How do you define a private and public figure in a changing public sphere