A recent high profile incident where a well-known holiday resort company applied for a court order to allow them private email account information so they could build a libel case against someone highlighted a relatively new legal problem. Can you be sued for what you say in an email?
The First Amendment says a citizen has the right to express their opinions in whatever form as long as it is clear that it’s an opinion.
The case, Sandals Resorts v. Google, revolved around an email communication from an anonymous Gmail user who said that Sandals Jamaica resort received government subsidies, but only employed Jamaican citizens for menial work, and imported foreigners for higher-paying positions.
Apparently, Sandals asked the court to compel Google to release a range of private information about the user in order to identify them and build a case against them. The New York Appellate Division, First Department, however, upheld Google’s right to refuse the request, finding that the email’s contents were opinion and thus protected by the First Amendment. A good Daytona lawyer is a good place to start your battle.
So Can I Be Sued Over Something Said in Email?
Freedom of speech, or freedom of expression, is one of the basic rights guaranteed to us in the First Amendment. However, it can be restricted in certain circumstances, such as when obscenity, fighting words, and panic-causing speech are involved.
So you can freely express opinion and say what you think, but not if it causes grief or pain to someone else. The main legal issue presented with any kind of written material is that of defamation. Defamation is a statement that may harm someone’s reputation. Something that is jealously guarded.
Avoiding defamatory statements is the best way to avoid legal proceedings.
The goal of the law is to balance the rights given in the First amendment with the right of someone to protect their reputation. The idea is to allow as much freedom of speech as possible, without allowing people to spread untruths or harm other people by doing so.
For a defamation claim to work, the plaintiff needs to demonstrate injury or damage from a false assertion of fact. With that in mind, the plaintiff cannot use opinion as defamation, as long as the statements made aren’t presented as facts in the communication.
The judgment in that particular case ruled that businesses cannot use the law to silence critics, specifically; “via court orders to silence their online critics [which] threatens to stifle the free exchange of ideas.”
Avoiding Defamation
The law is pretty specific about freedom of speech. Don’t make opinions seem as fact and you’re okay. Also don’t make false statements in emails, or make them seem statements of fact.
Also, be aware that emails can be forwarded, so you have no real control over who gets to see it once you send it. While you won’t necessarily be liable if it gets forwarded, thanks to the Communications Decency Act, it could still provide legal problems if it gets into the wrong hands.
The old adage, “think before you speak” is still true, even in the digital age.
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