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LiveJournal’s Support of Libel Results in Advertising Revenue Losses

LiveJournal's terms of service prohibit the posting of libelous or defamatory material, but when LiveJournal receives a complaint about such material, all they do is alert their subscriber to the possibility of legal action.
LiveJournal's pro-libel policy is causing advertisers to look elsewhere.

LiveJournal's terms of service prohibit the posting of libelous or defamatory material, but when LiveJournal receives a complaint about such material, all they do is alert their subscriber to the possibility of legal action.

Unlike WordPress, a competing blogging platform, LiveJournal does not remove defamatory content.

Several LiveJournal subscribers have posted a great amount of defamatory material about child therapists, making allegations such as:

* Involvement in Internet child trafficking

* Forcing parents to watch torture videos

* Having histories of violent crimes

Several advertisers, when alerted not only to the content being published on LiveJournal but also to LiveJournal's refusal to do anything about it, have suspended their advertising campaigns with LiveJournal.

Others, including Netflix, are considering doing the same.

Anjelika Petrochenko, LiveJournal's new North American manager, could not be reached for comment. Petrochenko replaced Tupshin Harper, who managed LiveJournal for several years, and who appears to have been a key architect of the "hands off libelous content" policy that is now impacting LiveJournal's bottom line.

homepage: homepage: http://axisofquackery.wordpress.com/2009/09/11/debunking-a-defamatory-quack/


That's NOT a simple question 04.Dec.2009 06:11

Mike Novack

What, in your humble opinion, SHOULD they do?

Consider for a moment the alternative (which you seem to suggest). That they respond to any and all ACCUSATIONS of libel by immediately aking the material down. That would mean that any and all material would be subject to removal simply by sending a "libel complaint" against it WHETHER OR NOT the acusation had any merit whatsoever.

Are you proposing we return to the 18th Century definition of "libel", defamatory, WHETHER OR NOT TRUE? (it was over this very concept that our colonial courts began diverging from the British legal tradition)

How about some concrete ground rules? How much should the complainant have to produce along with the complaint? Should some sort of court action have begun? (the complaint then being "take it down; it's libel (for real, proceedings have begun agaisnt it)"). That's just intended as an example, ball in your court.

The WordPress Method 04.Dec.2009 09:57

WordPress Blogger

WordPress asks the person claiming defamation for some evidence, then they decide.

This case should be pretty simple, if there's no evidence that the doctor was a child trafficker, it is probably defamation. Similarly, if no patient can be named who was forced to watch torture videos.

The LiveJournal in question is operated by Larry W. Sarner, Jean Mercer, Linda Rosa and Monica Pignotti. They have fringe group that attacks physicians.

Just recently, Pignotti lost her teaching position because of erratic behavior associated with this group.

Legal issue 04.Dec.2009 10:07

New Media

As soon as a forum takes responsibility for the accuracy of info on their site, they take legal responsibility. It is very wise not to be very heavy handed in content management. The user posted the material & is therefor responsible for the content. I know old people, like the author of the above article, have trouble understanding this, but in the new media the ability to comment allows for people to discredit or debate "libelous" content. Which removes the power dynamic & therefor all necessity for legal interference or protection.

LiveJournal is just a personal journal website anyway. No one's going there for news of any sort, reliable or not. The reason for it's decline is simply that other sites offer this feature in conjunction with a variety of features with a larger network of users. It doesn't have any advantage whatsoever above the rest. Plus the interface isn't very user friendly & it's outdated.