Steps Towards Removal of Defamatory Blog Post
Prompt: As an avid user of online social media, you identify a very untrue blog written by an anonymous writer. The blog contains many horrible accusations that
are unfounded and untrue. After identifying this blog, you feel violated and confused. What steps can you take to have the blog removed? What defamation
charges can be filed against the creator of the blog?
Steps Towards Removal of Defamatory Blog Post
With the increased internet forums and blog publishing platforms, there are increased brand and reputation attacks from disgruntled parties. The parties publish defamatory blog posts with intentions to disparage the parties involved. There are cases where the victim can contact the host service to request the defamatory content; however, a court judgment is employed in some sophisticated cases (Van Loo, 2021). Following the court’s assessment, it issues an order in which the court declares the defamatory content on the blog to be unlawful, thus decrees the removal of this content; the order is submitted directly to be host to achieve an immediate response. This paper discusses the steps and procedures to remove a defamatory blog post.
While using the internet, I found myself the subject of defamatory content from a blog post written anonymously. I feel compelled to take action that will relieve the situation. Achieving these different steps is essential to derive the end goal, which is to have the defamatory content removed. Herein are the three essential steps; firstly, it is to identify the blogger; for this case, the blogger is anonymous; however, hosting sites often have information about the blogger (Johnson, 2019). Secondly, another essential requirement is familiarizing with the blog service provider’s hosting site and collecting relevant and sufficient evidence that they will make it simple to dispute the defamatory content. Having proven ensures that the offender does not make claims regarding the actions to have legal recourse.
In case of anonymous blog creators subpoenaing the hosting, websites will push them to provide the creators personally identifying information that will help prosecute defamatory content. Defamatory content hurts the reputation of the victim. Identifying an anonymous blogger can be difficult but not impossible. For this case, relevant information such as contact information links to social media or on blog email addresses and the blogger’s IP address can come in handy in identifying the blogger (Bhaskar, 2019).
Different blog hosts are governed by different sets of terms and conditions about removing defamatory content from their websites. Different people may follow a different course of action; however, following the host’s guidelines is essential to avoid unnecessary legal battles, especially for court cases. According to Section 230 of the Communications Decency Act of 1996, hosting sites are protected from liabilities from content hosted on their sites unless a court order deems the content defamatory. Notably, these companies provide the terms and conditions to protect them from legal liabilities, especially when the content hosted by their sites has been questioned defamatory (Yew, 2019).
In my case, I will resort opt to having the content removed. I will consult a legal professional to guide and provide legal advice. In the court, following an in-depth assessment of the evidence provided, the judge will determine if the content qualifies to be deemed defamatory and, in turn, issue a court order instructing the hosting site to remove the content. In other cases, the blog creator receives the order, which is often accompanied by defamatory compensation for causing the victim hurt (Van Loo, 2021). The blogger is charged with libel since the information published was on a public platform with the intent to ruin my reputation.Furthermore, the publication is not an opinion but rather represented as a fact (Yew, 2019). With the increased use of the internet as one of the leading means of communication, internet defamation has become rampant. I have directly suffered internet defamation whereby an anonymous blog creator posted false information to their blog post that can ruin my reputation and harm my character.
Bhaskar, P. (2019). Milkovich,# MeToo, and” Liars”: Defamation Law and the Fact-Opinion Distinction. Fordham L. Rev., 88, 691.
Johnson, N. L., Johnson, D. L., Tweed, P., & Smolla, R. A. (2019). Defamation and invasion of privacy in the internet age. Sw. J. Int’l L., 25, 9.
Van Loo, R. (2021). Federal rules of platform procedure. The University of Chicago Law Review, 88(4), 829-896.
Yew, G. C. K. (2019). Search engines and Internet defamation: Of publication and legal responsibility. Computer Law & Security Review, 35(3), 330-343.