When a digital publisher lost in court, the California legislature stepped up to right the wrong and extend new protections to online news sites.
The State of California recently established a precedent affording digital publishers the same rights as traditional news outlets when it comes to defending against libel and defamation lawsuits.
And it did it on its own after noticing a digital publisher’s loss in court.
A while back, Elisabeth Thieriot, an author and public figure in California, became disgruntled by the way she was portrayed in the site The Wrap which covers Hollywood and the entertainment industry. Thieriot sued the site for publishing a statement from her business partner who accused Thieriot of unauthorized absconding with documentary footage.
The lower court threw out Thieriot’s complaint, calling it a slapp suit (strategic lawsuit against public participation), the type of frivolous suits parties have brought historically to censor or quiet newspapers. Thieriot appealed. Then, in a twist, the appellate court overruled the lower court, stating that law did not extend to online publications. The Wrap appealed to the California Supreme Court but it decided against hearing the appeal.
The battle was not all for naught.
After hearing about The Wrap’s loss, the California legislature amended its laws to extend protections to weekly and online publications that “perform the same news-disseminating function as a daily newspaper.”
Governor Jerry Brown signed the legislation, Assembly Bill 998, just last month. Now, under the law, before being sued for libel, blogs and online news sites will be afforded the right to retract statements.
It’s a big win for digital publications in California and sets a precedent for other states to follow suit!
Parity is a good thing, yes?
