Bill Hobbs seems to have been the first to pick up on HB0136, which would introduce a whole new (non) standard of guilt for bloggers and website owners in the area of libel.
Tennessee State Rep. Rob Briley has filed legislation that could, if it becomes law, require bloggers and other website publishers and writers to remove within two days from their website any statement that someone alleges is defamatory – and if they fail to remove the statement within two days that failure will “create a presumption of malice intent.” The contested statement does not actually have to be defamatory for the web writer to be required to remove it or face that legal presumption of guilt.
Briley filed it by mistake, but it was actually Sen. Jamie Woodson (R-Knoxville) who thought this up, asking Briley to carry it in the House.
The City Paper has a good summary this morning; Kleinheider has a wrap up as well.
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Briley and Woodson are both lawyers; in my view, they should know better than to think up something with such a flimsy standard of proof as the mere fact that someone doesn’t like what is said about them.
Briley says that he’ll withdraw as sponsor today. I’m still waiting for Woodson’s explanation.
What a couple of morons.
How about if the defamitory statement is from a bloggers guest? Lets see how long it takes them to notice this comment.
“What a couple of morons.”
Is it still defamatory if it’s true?
That’s part the problem this bill, as it’s now written. Truth is irrelevant; the presumption of defamation and malice lies only in the fact that the person written about objected, and the writer refused to retract it within the specified time.
I don’t know Briley, and therefore wouldn’t speculate as to his intelligence level. However, I do know Woodson, and she’s smart enough to know better than to put something forth like this. It will be interesting to see what the language is when she feels the bill is ready for introduction.
Yet another example of fine politics. ;p
Just remember: the internet is a series of tubes, it’s not a big truck you can dump stuff on.
http://www.youtube.com/watch?v=EtOoQFa5ug8