A bankruptcy court in the southern district of Texas has ruled that sending an e-mail message with a hyperlink to a defamatory blog post can be considered a publication for the purposes of a libel claim. Read the full article from the ABA
here.
This ruling has implications on all of us. Think about when you have received an email from a friend noted something noteworthy in and then forwarded it on blind to the rest of its contents. Ignorance is not a defense to the law. It is not hard to imagine courts in Pennsylvania adopting this holding when a similar case comes along.
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