Bloggers, a protected species?

Check this out:

bq. The Ninth Circuit Court of Appeals ruled last Tuesday that Web loggers, website operators and e-mail list editors can't be held responsible for libel for information they republish, extending crucial First Amendment protections to do-it-yourself online publishers.

bq. Online free speech advocates praised the decision as a victory. The ruling effectively differentiates conventional news media, which can be sued relatively easily for libel, from certain forms of online communication such as moderated e-mail lists. One implication is that DIY publishers like bloggers cannot be sued as easily. - Wired News

While this ruling does isn't applicable to me since i'm not an American, it does create a very logical argument to distinguish between an individual publishing online (i.e. virtually all bloggers fall into this category) and a news/media publishing service whether offline (i.e. newspapers) or online (e.g. Malaysiakini).

bq. "One-way news publications have editors and fact-checkers, and they're not just selling information -- they're selling reliability," said Cindy Cohn, legal director of the Electronic Frontier Foundation. "But on blogs or e-mail lists, people aren't necessarily selling anything, they're just engaging in speech. That freedom of speech wouldn't exist if you were held liable for every piece of information you cut, paste and forward."

Part II of the Federal Constitution of Malaysia guarantees our freedom of speech. This doesn't mean that we can say whatever we want; our exercise of this right must be done responsibly. We can still be sued for libel and slander if we tell lies or untruths, or even truths that cannot be substantiated. We can still be called to dock for inciting hatred and sedition.

But this ruling argues that the packaging of our writing in a blog format does give bloggers a measure of protection - substantiate what you write with links, use information that is readily and widely available as the basis of your opinion. It's not absolute protection from legal liability, but its certainly a basis that can be used to defend your position and opinion should you ever be forced to do so.