Cases and Conflicts - Internet: Matt Drudge & AOL v White House Communications


Matt Drudge & AOL v. White House Communications Significance: This case, which is pending, may set a precedent for controlling information flow on the Internet. The outcome will determine liability of Internet publishers and carriers for their writers' work. Matt Drudge, the creator of the Drudge Report, manages a news service which includes a web page and e-mail distribution. 85,000 people subscribe to the service. The Drudge Report covers a broad range of topics from relatively insignificant events to world news and White House controversies. Both Drudge and America Online, his Internet provider, were recently sued by White House Communications aide Sydney Blumenthal. The suit alleges 21 counts of libel, defamation, false light, invasion of privacy, intentional infliction of emotional distress, and slander. The August 11, 1997 Drudge Report said records confirmed Blumenthal had abused his wife. Blumenthal contends that he and his wife, Jacqueline Jordan Blumenthal, were defamed by the report. He and his wife sued after Drudge refused to reveal his sources. AOL is being sued for displaying the report and for showing a reckless disregard for the truth. One defense for AOL is contained in the Telecommunications Act of 1996. One section of the act states: "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another content provider." Another defense is that Matt Drudge retracted the report. Timely retraction of false information can be used to show lack of actual malice. Since the Internet is a relatively new medium, the outcome will likely set an important precedent. Sources: "AOL, columnist face libel suit." Suzanne Galante. Staff Writer, CNET NEWS.COM, August 27, 1997 6:20 pm PT. URL: HYPERLINK http://www.news.com/News/Item/0,4,13800,00.html "Cyberlibel and the White House." David Corn. The Nation. January 12/19, 1998. Pgs 23-24.

Matt Drudge & AOL v. White House Communications

Significance: This case, which is pending, may set a precedent for controlling information flow on the Internet. The outcome will determine liability of Internet publishers and carriers for their writers' work.

Matt Drudge, the creator of the Drudge Report, manages a news service which includes a web page and e-mail distribution. 85,000 people subscribe to the service. The Drudge Report covers a broad range of topics from relatively insignificant events to world news and White House controversies.

Both Drudge and America Online, his Internet provider, were recently sued by White House Communications aide Sydney Blumenthal. The suit alleges 21 counts of libel, defamation, false light, invasion of privacy, intentional infliction of emotional distress, and slander. The August 11, 1997 Drudge Report said records confirmed Blumenthal had abused his wife. Blumenthal contends that he and his wife, Jacqueline Jordan Blumenthal, were defamed by the report. He and his wife sued after Drudge refused to reveal his sources.

AOL is being sued for displaying the report and for showing a reckless disregard for the truth.

One defense for AOL is contained in the Telecommunications Act of 1996. One section of the act states: "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another content provider." Another defense is that Matt Drudge retracted the report. Timely retraction of false information can be used to show lack of actual malice.

Since the Internet is a relatively new medium, the outcome will likely set an important precedent.

Sources:

"AOL, columnist face libel suit." Suzanne Galante. Staff Writer, CNET NEWS.COM, August 27, 1997 6:20 pm PT. URL: HYPERLINK http://www.news.com/News/Item/0,4,13800,00.html

"Cyberlibel and the White House." David Corn. The Nation. January 12/19, 1998. Pgs 23-24.