Legal Question in Technology Law in California

There are two main kinds of personal defamation: slander and libel. Back in the old days, slander was spoken defamation and libel was written defamation. Nowadays, with broadcasting, recording machines, computers, etc., the distinction is blurry, but anything set forth in a permanent or lasting format is probably better described as libel, and that would be the right name for postings on the Internet.

Freedom of speech is a fairly broad concept, but it does not do away with an individual's right to preserve and defend his or her reputation.

Partly due to freedom of speech concepts and partly because nasty comments about others have become a part of modern life, defamation suits don't get a lot of sympathy in court these days, but it is still possible to get damages and/or an injunction.

For a better understanding, take a look at California's Civil Code, sections 45, 45a and 46.