Ask the average citizen or child if they know that lying to ruin someone’s reputation is wrong and could get you in big trouble and they’ll probably say yes. However, a jury of their peers says that didn’t stop some ostensibly intelligent and honorable adults, including several from Utah, from doing exactly that. Now, after twelve years, a federal court jury in Salt Lake City has awarded Proctor and Gamble $19.25 million from the former Amway distributors accused of spreading a rumor via voice mail that P&G was funding satanic cults.
P&G’s relationship to satanism is an urban myth that’s been around as long as those alligators living in New York City’s sewers. To believe the world’s largest manufacturer of cleansers, detergents and other household products is a rapacious clan of devil-worshippers is as credible as the “east-coast liberal media conspiracy” theory that right-wingers have perpetuated for decades (which we should have sued somebody for). The defendants claimed, among other things, that the rumors did not hurt P&G, that P&G is a corporation, not an individual and therefore cannot be defamed, and that P&G has plenty of money and is using their unlimited resources to beat down the little guy. All that may be true. But all sides being equal under the law, it comes down to one thing: malice.
Bloggers should read this case closely because it won’t be long before more of us get sued for doing the same thing. If you deliberately or “maliciously” lie about someone, even a company, with the goal of hurting their reputation or business, which is what this jury decided, it’s called defamation or, in this case, false advertising. Even an apology or retraction, as the distributors made later (even though their attorney still says there’s no proof his clients spread the rumor), may not get you off the hook. The distributors’ Utah attorneys succeeded in knocking P&G’s suit down to a single claim of unfair competition and false advertising. That the distributors were in business competition with P&G was key to this judgment. But it’s clear the jury reacted emotionally and punitively to the larger issues of fairness and malice.
Malicious and unsubstantiated attacks made on-line and elsewhere by individuals are also subject to laws like misappropriation of copyrighted and intellectual property, as Google and YouTube found out after Viacom sued them for posting clips of Viacom properties’ programs, like Comedy Central and MTV, gleaned by YouTube’s members. As blogging evolves and our audience and power grows, bloggers need to be careful not only what they say but how they say it. It’s Journalism 101 but most people never take that course.
After thirty years as a professional reporter and executive in the news business, and having avoided any lawsuit, I know. No matter who you are or if your post is seen by one or one million people, you could get sued if what you say is deliberately or recklessly false or appropriated without attribution. The only sure defense is the truth. But even that won’t prevent you from getting sued. This is a public service announcement from your friendly, neighborhood former journalist. Now, repeat what you said about environmentalists being proof that Democrats had sex with woodchucks…



#1 by Richard Warnick - March 20th, 2007 at 08:59
Although I’m not the biggest fans of lawyers, lawsuits and corporations– if fear of legal retribution helps promote truth-telling online, that sounds good. Maybe the Associated Press ought to sue Michelle Malkin. I like to think most bloggers do what they do for good motives, and Malkin one of the exceptions.
#2 by Jeremy - March 20th, 2007 at 10:31
Great post.
As bloggers push for more and more privileges that once only belonged to credentialed reporters it is important that events like this are well publicized. Libel and slander are hard to litigate but it does happen from time to time and there are easy steps bloggers can take to protect themselves. The best simple step is to refrain from fibbing about people.
#3 by Ken Schreiner - March 20th, 2007 at 11:40
One of the things that makes the Internet interesting is the passion people feel free to exercise. The problem is emotions and causes overtake our ability to channel them into constructive actions and positive change. The objective becomes winning at all costs and, in many cases, vanquishing our opponents. If that’s the protocol, then the Internet is no better than politics. We need to be above politics to produce constructive dialogue, actions and constructive change. Ironically, the corporate “mass” media, Fox News and talk radio, not only violate protocol, laws and good taste. They politically and socially polarize the “masses” to produce controversy and, so the reasoning goes, higher ratings. But their exploitation does not produce positive change and contributes to the further division of Americans which the Bush Regime, Christian Right and Republican Party have aggravated with their arrogant and self-righteous crusades. We must do better.
#4 by the gambling proctologist - March 20th, 2007 at 12:35
Satan made them do it. Don’t you know that?
In the beginning there was NOTHING. Then NOTHING, out of boredom perhaps, uttered SOMETHING. There it all began. First nothing then something AND nothing, a little while later, God and Satan, man and woman, you get the picture.
My point is that if proctor and gamble wasn’t supporting satan (and I’m not saying they were), then who the heck is? If satan were not supported, or if satan were supporting something or someone who was unwilling to admit it, then the whole ball o’ wax would just go back to nothing again, wouldn’t it? Stands to reason.
#5 by Cliff Lyon - March 20th, 2007 at 12:40
“If that’s the protocol, then the Internet is no better than politics.”
I think the Internet is superior to politics in that sense for one very important reason. The self-organizing communities of blogs has organically raised itself to a higher standard where arguments must be accompanied by referenced sources to be taken seriously.
No doubt there will be those who (for example our friends at ASP) who use all information sources for personal validation of authoritarianesq beliefs that will never change.
But for those looking for truth, there is a certain footprint in news and blogs represented by hyperlinks that reflect the higher standard.
You will always notice freepers use hyperlinks much less frequently.
Such distinctions are harder to detect in broadcast/visual media.
#6 by schreinervideo - March 20th, 2007 at 19:23
Cliff: for the record, I agree. The Internet is a superior information and social networking tool and has yet to be poisoned.
Gambling Proctologist: I assume your elliptical comment is an allegory. I’m just not sure to what.
#7 by Cavæt - March 20th, 2007 at 20:56
Ken, I am the gambling proctologist! I think that Proctol and Gambor, instead of tackling Amway in a legal arena, should have continued to do what they have always done so well, and that is to simply out market the competition. You know; have an advert where Satan actually pitches some soap or something, promising to remove the dirt better than product ‘B’ (Amway, wink wink). As for the creation myth, well, I couldn’t help myself since I just don’t believe in the Big Banger. So we’re in basic agreement, I’m just not sure ‘what’ either.
As for the net providing superior information…some of us are up to the task and others of us are not. Many of us are fiction writers. And btw. good job on the solar system.
#8 by Ken Schreiner - March 21st, 2007 at 06:45
Aha! The illegitimate cousin of the Scarlet Pimpernel! En guard! Prepare to be probed like a middle-aged real estate agent…
As for P&G, once their lawyers smelled this one, the company’s horns sprouted. Now I get the allegory. Thanks.
#9 by C aveat - March 21st, 2007 at 07:15
There are no middle-aged real estate agents, only young ones and old ones.
My cover remains intact!