Monday, March 29, 2010

Can I be sued for defamation if I forward a defamatory email?

Let's suppose your receive an email about someone, and forward that email along to someone else. Can the person slandered sue you for merely forwarding the email? What if you add comments?

What is defamation? Defined by California statue, defamation is the publication of false information about someone that exposes that person to hatred, contempt, or ridicule, or which causes him to be shunned or avoided, or which has a tendency to injure him in his occupation. That's a broad definition -- think back to emails you've received, and likely more than one will fit that bill.

If you create an email, or blog, that defames someone, you can be required to pay civil damages in a lawsuit. But how about it you simply forward it? Fortunately, if you merely forward an email, without writing anything further, you are protected under California law. But, when you forward the email, if you write an introduction, and materially contribute to the statement, or enhance the statement, you can be held liable. So, if ever in doubt, keep your fingers off the keyboard!

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