If you're one of the millions of Internet users communicating with friends and associates online, you ' re familiar with the myriad ways one can communicate: blogging, personal Web pages, YouTube videos, daily Twitters.
All these communications can turn ugly rather quickly. E-mails, blogs and Web pages are fertile grounds for zinging a friend, grinding an ax or seeking revenge.
Someone may blog about the horrible job a contractor did on their house. A MySpace page rant could accuse a friend of salacious or illegal behavior. That embarrassing video of you at last week's party could turn up on YouTube, much to your surprise and dismay.
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The Media Law Resource Center (MLRC) tracks cases brought against bloggers and others. So far, staff attorney Eric Robinson has tracked a total of more than $16 million in damages against bloggers. When lawsuits arise, he says, it's usually because “there's much animosity between these parties, and it's been going on for years. Most of these cases are people who know each other, so there's always a back-story.
According to MLRC, successful lawsuits include:
In 2006, Boulder County, Colo., sheriff's detectives launched an investigation into who created a MySpace page that purported to be a profile of a Colorado woman, and even used her legitimate MySpace photos, but it had not been created by her. The MySpace page, named Dirty Whore, said she wanted to meet men, women and/or couples who are looking to have a fun time.
A Florida high school teacher sued a male student over sexual comments that were posted along with her photo on the student's MySpace page. The student was suspended from school and the case was apparently settled in 2007.
Journalist Lee Kaplan was awarded $7,500 in 2007 in his suit against Yaman Salahi over comments Salahi made on his blog, Lee Kaplan Watch.
The New School of Orlando in Florida sued the mother of a former student for posting criticisms of the school on her AOL Hometown Web site. They apparently reached a settlement in 2008.
Basketball player Tony Parker sued photo agency X17 over its celebrity news blog alleging that he had an affair shortly after his marriage to actress Eva Longoria. The site published an apology in 2008.
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Then the lawsuits begin. If you've been naughty online, a standard home insurance policy won't help you for claims of libel, slander or defamation of character: If someone sues you for what you've said online, that's a personal injury claim. Some HO-5 home insurance policies (for high-end homes) include coverage for personal injury. Otherwise, if you want your insurance company to rescue you, you'll need one of the following:
1. A personal injury endorsement to your home insurance policy
2. An umbrella policy that includes personal injury
3. An excess liability policy that includes personal injury
But even with a personal injury endorsement or other coverage in hand, you can't act with impunity online. A personal injury endorsement from the Insurance Services Office (ISO), which is used by many insurers, outlines specific exclusions for personal injury coverage:
You won't be covered for problems that are business-related. (But your employer's insurance might cover you, depending on the situation.) So if you're running a blog that's related to your profession, this may be excluded. Peter Moraga of the Insurance Information Network of California says you don't necessarily have to make money on the blog for it to be business-related, and the point where you cross from blogging hobby to profession is not defined.
You won't be covered if you've posted or published material that you knew was false. That's intentional and malicious, and not covered. Moraga compares it to burning down your own house intentionally: That's not covered either. But what if you spread hurtful gossip online without knowing for sure whether it's accurate? Now you've entered a gray zone.
You won't be covered for material you posted before the beginning of the policy period, or for claims that commence after the policy period. If you buy a one-year policy and someone sues you on the day after it expired, you're not covered.
You won't be covered for criminal acts.
Take the recent case of Missouri mom Lori Drew, who impersonated a teenage boy on a MySpace page in order to cyber-bully Megan Meier, an acquaintance of her daughter's. Her online actions led to the suicide of the teenager. In November 2008, Drew was convicted of three misdemeanor charges (reduced from felonies).
Say, hypothetically, that Drew carried a personal injury insurance policy. Her actions would have been excluded from insurance coverage on two grounds: First, in her impersonation she knowingly posted “false information and, second, she acted criminally.
Few people set out to terrorize someone else online as Drew did. However, evaluating your potential exposure to a lawsuit is wise if you regularly send your thoughts over the Internet. “If it's a hobby, you want to understand the possibility exists [for a lawsuit] and cover your most important asset, which is your home, says Moraga. Only you can evaluate what the potential of harm to you is.
Successful claims don't necessarily have to prove you caused economic loss, such as a job loss because of an alarming YouTube video you posted. Moraga says, When you're talking about ‘defamation of character,' you're not talking about a bruised body part, you're talking about a bruised ego. If you say something about Joe Blow, who's nobody, how much damage is that going to do? Joe Blow will decide when he serves you with legal papers.
Then there's an unknown but possibly giant exposure at home: The teen upstairs in her bedroom, logged on and busy typing. You likely have no idea what's going out when she clicks the Send button. Could it be cyber-bullying of another student? Or a vicious rumor about the biology teacher that, once viewed by 300 others, will cause him to lose his job . . . and seek compensation from you?
Insurance for personal injury due to online communication is not going to break the bank. For example, State Farm home insurance customers can buy a personal injury endorsement for about $10 a year for $100,000 in coverage, or about $24 a year for $1 million in coverage.
If you're a typical homeowner, you probably don't know if your policy covers personal injury. Read the policy carefully! says Moraga.
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