3 Laws Bloggers Should Know

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Blogging has given so many people the opportunity to have their voices heard. But Attorney Keith Lee of Hamer Law Group, and author of the blog Associate’s Mind, reminds us bloggers that with this opportunity come responsibilities and liabilities. Take some time to familiarize yourself with laws relevant to blogging and make sure you are complying with them.

Lee offers three laws bloggers should know:

You have the right to free speech. The government has no right to censor or impede you sharing your opinions. It is unlikely you will ever face any restrictions on your speech from the government.  But sometimes individuals or businesses will attempt to suppress an individuals right to free speech through what is known as a SLAPP – Strategic Lawsuit Against Public Participation. Let’s say a blogger decides to write about a bad experience at a restaurant. The owner then reads the review and decides to sue for defamation. The restaurant files a lawsuit against the blogger as a way to threaten and bully them to take the review down. The restaurant is betting on the fact that they have deeper pockets, and better lawyers, than a small-time blogger. Despite the restaurant’s attempt to intimidate the blogger, the lawsuit likely would fail if it ran its course.

 You are not responsible for the speech of others on your website. Comments are fantastic to receive on your blog because it indicates that your readers are engaged with your writing. But it can also be a headache it they are negative or attacking people in public. But as a blogger you are generally protected. Specifically, you are protected by a section of the Communications Decency Act passed in 1996. While much of the Act has been struck down as restrictions on free speech, one important part has survived: Section 230 says that “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider” (47 U.S.C. § 230). Under the law, bloggers are not liable for comments left by readers, the work of guest bloggers, tips sent via email, or information received through RSS feeds. Section 230 provides the protection that has allowed innovation and freedom to thrive on the Internet.

You are required to disclose endorsements and affiliate links. Many people who start blogs do so in the hopes of them becoming a business. The way many bloggers make money is through the endorsement of products and services through affiliate links, which direct a visitor to a sales page and credits the host-blog with a commission should the visitor make a purchase by tracking the link back to them. This type of activity went unfettered for many years before the government stepped in. In 2009 the Federal Trade Commission revised its rules and regulations regarding endorsements and testimonials in reaction to blogs and online advertising. What these new rules mean is that there is now a requirement for voluntary disclosure of endorsements and affiliate links.

The easiest way to do this is a simple statement: “This is an affiliate link,” or “I received this product from X company – but I am endorsing it because I use it and believe in it.” What matters here is honest communication with the reader, not compliance with some obscure legalese.

*This article was adapted from a guest post previously written by Keith Lee for the See Jane Write blog.

Hamer Law Group, LLC specializes in non-profit and business formation. If you’re thinking of starting a company visit the See Jane Write blog for 5 Steps to Consider When Starting a New Business.