Internet users are increasingly turning to web logs (blogs) as a source for news and information. Traditionally, people have used mass media for this purpose. Bloggers claim that no distinction exists between blogs and traditional media. Therefore, bloggers seek protection afforded by the First Amendment rights previously reserved for traditional media outlets. However, most courts do not afford bloggers the same rights given to traditional media.

Typically, traditional mass media providers must be at least negligent to be liable for defamatory publications. In general, bloggers are strictly liable for defamatory comments.