As social networking sites and internet blogs continue to increase in both popularity and use, the opportunities for defamatory and libelous actions increase proportionally. Defamation, sometimes called “defamation of character”, is spoken or written words that falsely and negatively reflect on a living person’s reputation. Slander is generally spoken defamation, while ‘libel’ is written. Blogs or social networks in which defamatory statements are written or recorded present several potential sources of liability and recovery for the person whose character was defamed. In cases where the defamation is proved, damages are presumed and often enforced with liberality.

Instant messaging or “IM” a technology permitting users to send and receive text messages to one or multiple parties without a time delay between sending and receipt of the message is a powerful tool. Using this technology is similar to having a conversation with another person; just like that person was in the room with you. The difference is that the two or more people may be several miles or even continents apart. The benefit of this technology would seem to be obvious, in that a conversation can take place much like one were on a telephone, but without the long distance fees. However, this “IM” technology can also lead to great liability for those who take advantage of its electronic conversation capabilities.