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IT-659-Q1436: Assignment 8-2
SNHU
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Blog Scenario
A blog was written about a local businessman where he was falsely
accused of taking a bribe from a contractor. He had not taken any bribe in
monetary or non-monetary form, but his professional character was assassinated by
a fake blog. The accusations were baseless and caused him professional harm. In
order to tackle the situation, several steps can be taken to remove the fake blog
and relevant defamation charges can be filed against the creator of the blog.
Removing the defamatory blog
In the specific situation, it has been observed that an untrue blog has been
written by a local businessman by an anonymous writer. It contains many horrible
accusations about the individual that are unfounded and untrue.
In case the actual identity of the anonymous blogger needs to be known,
there is the option to obtain some of the personally identifiable information
relating to the unknown blog creator. This can be done by subpoenaing the
specific hosting website such as Google, WordPress or any other webhost (Gibson,
2018). Then they can be potentially pursued to reveal the actual content maker of
the false and defamatory blog. In case the identity of the blogger can be
determined, he can be approached and demanded to voluntarily remove the
content. In case the anonymity of the blogger is maintained, then the Internet
Service Provider (ISP), webhost or website must be contacted. They can be
requested to remove the fake blog that is defamatory in nature. This is the major
action that needs to be taken in case the blogger cannot be identified
(Communications, 2018).
It is necessary to review the terms and conditions of the website in which
the blog has been posted so that the exact procedure relating to the blog removal
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can be understood. It can help to send the correspondence to the contact person.
The specific violation of the website’s Terms can also be cited. Based on the ISP,
the webhost and the website and the content of the blog itself, its removal could
be initiated. In case, it does not happen then legal action can be taken.
Once the defamatory case reaches the court of law, it is necessary to be
able to prove the damages. Once it can be proven, a court order can be obtained
in which it declares that the content of the blog is defamatory in nature. It must
state that the content is unlawful and needs to be removed from the online
platform (Gibson, 2018). This court order must be submitted to the website or
webhost so that the necessary action can be taken in order to remove the fake
blog. Thus, these are some of the steps that can be taken for the purpose of
removing the blog that contains numerous horrible accusations that are unfounded
and untrue (Communications, 2018).
Defamation charges
The false blog that contains the horrible accusations have the power to
adversely affect the reputation of the innocent victim. So, it is necessary to
identify the particular defamation charges that can be filed against the creator of
the blog. In the current times, blogging and social networking have become
integral online tools for online users to raise their voice (Online Defamation and
your Rights, 2018). So they are also governed by the laws such as the
Communications Decency Act of 1996. It can be used to combat the defamatory
content and false accusations that have been made by the blogger.
Section 230 of the Act can be used for the purpose of questioning the liability of
the ISP that is stored on their servers. At this point, the ISP must take action
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aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa a aa aa aa aa aa aa aa aa aa 4
against the blogger and remove the fake content otherwise it could face legal
issues (Online Defamation and your Rights, 2018). aa
In order to file defamation charges against the creator of the blog, the
plaintiff must first provide that the blogger or defendant made derogatory
statement. Then it must be proved that the defendant made some kind of an
unprivileged publication in form of the blog (Pike, 2018). Thus, the creator of
blogger can be charged with presenting false information. He can be charged with
adversely affecting the reputation of the subject of the blog. In case the plaintiff
is a regular person or a concern, then the act of negligence on part of the
blogger can be sufficient to prove the libel (Cnet.com, 2018). But in case, the
plaintiff is a well-known or public figure, he has to go the extra mile in order to
prove the real degree of malice that has taken place.
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aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa aa a aa aa aa aa aa aa aa aa aa 5
References
Communications, R. (2018). An Attorney’s Advice for Removing Negative,
Defamatory and Infringing Material from the Internet, by Christine Rafin -
Reputation Communications. Retrieved from https://reputation-
communications.com/article/removing-defamatory-material-from-internet/
Cnet.com. (2018). Bloggers beware: You're liable to commit libel. Retrieved from
https://www.cnet.com/news/bloggers-beware-youre-liable-to-commit-libel/
Gibson, W. (2018). How to Remove a Defamatory Blog Post or Website. Retrieved
from https://www.internetdefamationlaw.com/how-to-remove-a-defamatory-blog-post-
or-site/
Online Defamation and your Rights. (2018). Retrieved from
https://www.reputationhawk.com/onlinedefamation.php
Pike, G. (2018). Getting SLAPPed: Defamation and Your Blog. Retrieved from
http://www.infotoday.com/OnlineSearcher/Articles/Features/Getting-SLAPPed-
Defamation-and-Your-Blog-89349.shtml
