EFF:
The difference between you and the reporter at your local newspaper is that in many cases, you may not have the benefit of training or resources to help you determine whether what you're doing is legal. And on top of that, sometimes knowing the law doesn't help - in many cases it was written for traditional journalists, and the courts haven't yet decided how it applies to bloggers.
But here's the important part: None of this should stop you from blogging. Freedom of speech is the foundation of a functioning democracy, and Internet bullies shouldn't use the law to stifle legitimate free expression. That's why EFF created this guide, compiling a number of FAQs designed to help you understand your rights and, if necessary, defend your freedom.
The exercise of good judgment will generally keep most people safe -- don't deliberately make factually inaccurate statements about people, don't wholesale copy other's work, etc.
The biggest problem may be the cost of defense. Part of why people are so comfortable driving and inviting visitors to their home is that their insurance policies will cover the cost of defense.
The same isn't necessarily true of bloggers, who can be swiftly submerged by the costs of defending a defamation or copyright suit. One recent example was the frivolous Jones Day v. Blockshopper suit, which just settled after Blockshopper plunked down $100,000 in defense costs.
Some homeowner policies arguably cover suits arising from personal blogger, though I'm unaware of any cases actually ruling on such an issue, and people should presume it doesn't. The only explicit blogging insurance I know about is offered through the Media Bloggers Association. Here's their press release:
http://is.gd/2Qly
aka
http://www.mediabloggers.org/mba-announcement/media-bloggers-association-launches-education-legal-advisory-and-liability-insurance-program-for-bloggers
Posted by: Max Kennerly | February 13, 2009 at 09:40 AM
Whoo boy. I need this guide. I can be too impulsive with my posts.
Posted by: phillygrrl | February 16, 2009 at 11:04 PM
Oh dear, someone thinks I should be sued.
Posted by: phillygrrl | February 19, 2009 at 04:50 PM