"New Jersey Supreme Court limits libel damages, distinguishes online speech"

"The New Jersey Supreme Court ruled Wednesday that a defamation suit over online accusations of child sexual abuse could still proceed, even though the plaintiff could not show he was harmed.

The decision upheld a 2010 appeals court ruling that New Jersey First Amendment attorneys hoped would lead to a change in the law by the state's Supreme Court.

Although the attorneys called for the end of the legal doctrine that permits defamation suits where no harm can be shown, known as presumed damages, the court only partially agreed with them. Instead, it limited the scope of presumed damages, but said the doctrine would continue in New Jersey.

In fact, the court said this policy may be even more appropriate in the age of the Internet. As in the recent, similar Crystal Cox blogger case in Oregon, the court appeared to treat online speech as a special concern.

"[F]or a private person defamed through the modern means of the Internet, proof of...damages respecting loss of reputation can be difficult if not well-nigh insurmountable," the court said.

In the case, the plaintiff - referred to as D.A. in court records - brought a defamation complaint against his nephew, W.J.A., in response to W.J.A.'s website accusations that his uncle sexually abused him as a child. W.J.A. lost a 1998 suit against his uncle for child molestation and he was also hit with a $50,000 defamation judgment.

W.J.A. then moved to Florida and continued to post the same accusations against his uncle online while denying the validity of the judgment against him, which W.J.A. refused to pay.

The court found W.J.A's statements were less protected because they found they concerned a private subject. New Jersey has ruled that presumed damages are not available for speech about public figures or matters of public concern. But now the court has said that presumed damages will still be available for lawsuits that involve private speech."

Source and Full Article
http://www.rcfp.org/browse-media-law-resources/news/new-jersey-supreme-court-limits-libel-damages-distinguishes-online-s