Almost every week we receive calls about slander and defamation. With the increase in the popularity and use of the Internet more and more of these cases involve material that is published on the Internet. This can be myspace, a private website, chat room, or comments in to another article.
Lately there have been many cases which have allowed the suit to take place where the person who is defamed resides. These cases involve the question of whether the state's long-arm jurisdiction can extend to a defendant who has no contacts with the state, and in some cases may have never been in the sate. According to an article entitled Plaintiff Locale to Set Jurisdiction in Web Defamation Suits by Henry R. Chalmers, the trowing trend seems to be yes as long as the statements were aimed at the forum state.
He gives several examples including Goldhaber v. Kohlenberg where a New Jersey resident was targeted by comments from a California resident. The court used the reasoning from the US Supreme Court case of Calder v. Jones where a California resident was able to sue the National Enquirer because the magazine knew its statements would impact the California resident and other is California would see the statement because California had the largest circulation of any state.
There appears to be some controversy this trend in jurisdiction of defamation claims based upon the notions of due process. Erica Calderas stated that “Just because someone put something up on the Internet, does it really comport with notions of fair play and substantial justice to drag them into a far corner of the country where they had no intention of being?”
Others also think the state where the statement was made is a more appropriate forum for the suit.
Some courts have focused on whether the Internet site was active or passive. See, e.g., Best Van Lines, Inc. v. Walker; Qwest Commc'n Int’l v. Sonny Corp.
If you have been defamed, accused of defamation, or your company is at risk of defamation you should contact a Florida Defamation Lawyer to discuss your situation
