Deviating from a trend toward requiring proof of actual harm from defamation, a New Jersey state appeals court has ruled that mandating such damages in a suit over online accusations of child sexual abuse would create a "license to defame." The decision is the second published state appellate division opinion this year to address the issue of presumed damages over online smears. In April, another appeals panel allowed a claim against a blogger to go forward despite the absence of pecuniary damages.
September 29, 2010 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
Deviating from a trend toward requiring proof of actual harm from defamation, a New Jersey state appeals court ruled Monday that mandating such damages in a suit over online accusations of child sexual abuse would create a “license to defame.”
The decision, in W.J.A. v. D.A., A-0762-09, is the second published state appellate division opinion this year to address the issue of presumed damages over online smears.
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