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One wrinkle in calling defamatory online comments slander rather than libel is that even though the comment is made offhand and then the discussion "moves on"
by blogimus 18y ago
One wrinkle in calling defamatory online comments slander rather than libel is that even though the comment is made offhand and then the discussion "moves on" (not formally thought out as a "publication"), there is still a written record left behind. So in that respect, it is more like libel, unless the record left behind is considered more like a tape/video recording than a written account.
- raganwald 18y agoIt's true that there is a permanent record, but the judge's ruling focused on how people perceive the comments. In this case, consider two bloggers Alice and Betty. If Alice writes something and Betty posts a comment on Alice's blog, the judge eems to be saying this is more casual than if Betty posts her reply on her own blog. It will be fun figuring out where "Ask HN," Twitter, and Tumblr fit in all of this.