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The Sinister Sibling of Paid Reviews

November 10, 2008 by Jonathan Bailey

In May of 2005, the Blog Herald reported on the case of Travel Golf Media, a blog and review site that covers golf courses across the country. The company behind the site site, two of its bloggers and its owner, Robert Lewis, were being sued by a Las Vegas golf course owner Billy Watson for defamation after the site had posted a series of negative reviews.

Though disputes over negative reviews are common, what makes this one unique is allegations that the negative reviews were a form of retribution for an advertising arrangement that ended. In a ruling handed down last month, judge Jennifer Togliatti agreed and awarded the golf course and its owner, Billy Walters, a $9 million award for defamation.

Even as Pay-Per-Post and similar paid-review sites take a drumming in the blogging world, it is easy to forget that the concept of paid reviews are nothing new as is its sibling, review extortion, where the writer threatens to pen negative reviews of a service unless they are paid a certain amount of money.

However, where pay-per-review services are primarily an ethical issue for most bloggers, review extortion also raises serious legal problems, as the Lewis case points out, and is something that bloggers need to be aware of and avoid. [Read more…]

Filed Under: Features Tagged With: defamation, libel, pay per post, Reviews, slander

Joining the Media Bloggers Association

October 20, 2008 by Jonathan Bailey

According to the Citizen’s Media Law Project, there were over 250 lawsuits filed against bloggers for defamation and another 150 lawsuits filed dealing with copyright issues. Though the number of lawsuits is still fairly small compared to the number of people blogging, there has definitely been an upward trend in recent years (link PDF).

At the same time, bloggers have been striving to gain equal footing with mainstream media representatives in obtaining access to both people and events. However, they have typically had an uphill struggle in obtaining such access for reasons that are not always clear.

Though bloggers have begun to act more and more in the same capacity as the mainstream media, they have typically not had the legal training and information nor the access of journalists. Few come from mass media or law backgrounds and thus often struggle with the legal issues surrounding blogging and even fewer have the connections and knowledge to obtain critical access to important events.

This is where the Media Bloggers Association steps in. It seeks to help grow citizen journalism by providing it with some of the same training and access that journalists in newspapers or television have. The goal is to promote blogging and citizen journalism as its own form of media and give bloggers equal footing, both in the courts and on the streets, to other journalists. [Read more…]

Filed Under: Features Tagged With: copyright, copyright infringement, defamation, liability insurance, libel, mba, Media Bloggers Association, Privacy, trade group

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