High-profile Honolulu attorney Michael Green gave notice yesterday that those spreading false and libelous allegations on social media about a Honolulu couple’s alleged financial ties to Gov. David Ige and TMT could be held legally liable, according to a report last night by Hawaii News Now.
The couple, Charles and Melanie Long, have been targeted in social media over the past week. I’ve commented on the allegations made about them in here over the past several days.
Melanie Long has a real estate firm that has served as rental agent for Gov. Ige’s personal residence in Aiea. Her husband, Charles Long, operates a security firm that we retained by TMT in 2015.
“Social media posts claim documents show that Gov. Ige has financial ties to TMT, and that amounts to bribery and a conflict of interest,” HNN reported.
It is certainly true that the laws of defamation, libel, and slander apply in the online world.
Here’s an excerpt from the Electronic Frontier Foundation about the laws about online defamation.
What is defamation?
Generally, defamation is a false and unprivileged statement of fact that is harmful to someone’s reputation, and published “with fault,” meaning as a result of negligence or malice. State laws often define defamation in specific ways. Libel is a written defamation; slander is a spoken defamation.
What are the elements of a defamation claim?
The elements that must be proved to establish defamation are:
-a publication to one other than the person defamed;
-a false statement of fact;
that is understood as
a. being of and concerning the plaintiff; and
b. tending to harm the reputation of plaintiff.If the plaintiff is a public figure, he or she must also prove actual malice.
Is truth a defense to defamation claims?
Yes. Truth is an absolute defense to a defamation claim. But keep in mind that the truth may be difficult and expensive to prove.
I highly recommend reading through the EFF discussion of the issue.
We all know that people tend to say and write things online that they probably wouldn’t say directly in public, face to face. People tend to be impolite online, unnecessarily provocative or insulting, giving the term “flaming” its special online meaning.
And the bottom line in this situation is that when push comes to shove, none of us are free to spread nonsense about others that has the effect of damaging their reputations or exposing them to public ridicule.
As the EFF notes, it is harder for public figures, like elected officials, celebrities or others who choose to put themselves into the public spotlight, to pursue a claim for defamation. In order to prevail, they have to prove not only that the statement is false and damaging to their reputations, but that it was a product of “actual malice.”
Governor David Ige would undoubtedly be considered a public figure.
But it seems unlikely that that the Longs are public figures. They have not sought out publicity. They are not on the public payroll. If they were to bring a defamation claim, they would face fewer legal hurdles.
In any case, forewarned is forearmed.
See also:
Digital Media Law Project on Defamation
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It’s one thing to ask questions, quite another to make false accusations about someone. I’m glad to see this. And thanks for the definitions of “libel” and “slander.” I didn’t know the difference until now.
Very measured and informative post. It would be most productive for even the country, as a whole, to feel like ordinary citizens could ask viable questions without the expensive hammer of the legal system threatening free expression of concern.
Mauna protectors have been tossed under wheels of huge investments of money that don’t necessarily move in the direction of forward progress. There will be frustration.
Joe McCarthy lives.
In related news, Governor Ige and other officials held a press conference today (Friday) to denounce heated social media rhetoric and threats that have allegedly been made regarding the standoff on the Mauna.
In response, UH law professor and flamboyant media personality Ken Lawson quickly theorized on Facebook that the governor is engaging in “false propaganda” to shift the focus away from his dealings with the Longs:
“People google FBI COINTELPRO. This press conference is straight up out of the FBI’s “How to Set Up A Social Justice/Civil Rights Movement and It’s Leaders” playbook. There is always a method to the madness and we are not fooled. In my opinion, this false propaganda is being done for two reasons: 1) Gaslighting the public by using the media to make them believe that Kia’i and those in the organized movement are behind these things so that use of force by law enforcement will be justified when they come; and, 2) to get the focus off Ige’s possible financial conflicts of interest with private security firm run by the Long’s. How do we know that it’s not organized by a professional team from TMT supporters and the government to set the Kia’i up? I’m telling you, the FBI was famous for using these tactics in the ’50s, ’60s, and ’70s to thwart the civil rights movement and the actions of the Governor, TMT supporters and others are eerily similar. Continue to use social media with Kapu Aloha but push back hard on this!”