Adrianos Fachetti on Internet Defamation and Courtney Love’s anti-SLAPP motion

Adrianos Facchetti, an Internet defamation attorney in Los Angeles, California, over at his excellent California Defamation Law Blog has an interesting post entitled: Courtney Love Responds: Surely No One Takes Twitter Seriously! discussing the recent defamation action involving Dawn Simorankir’s First Amended Complaint against the rock musician and celebrity, Courtney Love.

Facchetti explains that Love has filed an anti-SLAPP motion pursuant to California’s “SLAPP” statute, aimed at eliminating lawsuits brought “primarily to chill the valid exercise of constitutional right of freedom of speech and petition for the redress of grievances.” Code Civ. Proc. Section 425.16(a). Facchetti further notes:

“People Can Be Defamed On Twitter And Myspace

Love’s attorney argued that the context of the statements negates the impression that she is seriously asserting a statement of fact. I expected her attorney to argue this but it is not very convincing as I explained in a previous post. In essence, it is not necessary that anyone believe the statements are true if they are understood in a defamatory sense. So the argument that the statements are not to be taken seriously because they were not made by a journalist or in a national publication is unpersuasive. I mean, is that the standard? So only journalists or people who write for national publications can be taken seriously? What about bloggers? No one takes them seriously?? What about micro-bloggers? This argument is absurd. Anyone is capable of being defamed in any context and that includes Twitter and Myspace. This is especially true since traditional media (e.g. CNN) is increasingly relying on Twitter for breaking news.”

2 Responses to “Adrianos Fachetti on Internet Defamation and Courtney Love’s anti-SLAPP motion”

  1. Adrianos Facchetti Says:

    Antonin:Thanks for the mention. Is there an equivalent in Canada to the "anti-SLAPP" motion?

  2. Antonin Pribetic Says:

    You're quite welcome, Adrianos. Currently, Quebec is the only province with anti-SLAPP legislation. British Columbia's version adopted in 2001 was subsequently repealed. In Ontario, The Protection of Public Participation Act, 2008 (Bill 138) remains in first reading: http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&Intranet=&BillID=2133. Best,Antonin

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