The explosion of “Web 2.0″ phenomena — like social media, blogs, and product review sites — has brought with it a deluge of published material that is arguably defamatory or otherwise actionable.
While some actually welcome this development — preferring the web to be, and remain, “a frontier society free from the conventions and constraints that limit discourse in the real world,” (see Lidsky, Silencing John Doe: Defamation & Discourse in Cyberspace (2000) 49 Duke L.J. 855, 863) — many others do not: especially those worried about the potential impact of disparaging online material on their corporate reputation.
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