Thursday, March 19, 2009

Email defamation suit based on actual malice

Staples Inc., the Framingham-based office products company, sent an email to about1,500 employees after the firing of one of its salesman. The salesman was let go after it was discovered he overcharged certain expenses.

The U.S. Circuit Court of Appeals of three judge decided that the email content may have been true but a jury could find that the mass mailing could have been with actual malice to embarrass the salesman.

"The court cited a 1902 Massachusetts law that holds that truth is a defense against libel unless the plaintiff can show "actual malice'' on the part of the person publishing the statement.

The court's ruling means Noonan's defamation lawsuit against Staples can go forward."

Once again the use of the Email is used to blast the reputation of an individual.

I don't believe this is the same as the blog. The blog is not a private media like the email. S, I don't believe the writing of blogs should be a concern with this finding by the judges.

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