Are blogs considered “publishers” under defamation law?

The answer to the question of whether blogs are considered “publishers” under defamation law in Colorado depends on the specific circumstances of each case. Generally speaking, Colorado courts have made it clear that there is no bright-line rule and that whether a blog is considered to be a publisher may depend on the nature of the blog’s activities and the context of the publication. The law in Colorado looks to the degree of control and involvement that the publisher has in the preparation of the publication. If the blog owner was involved in the selection, editing, or preparation of the publication, then it is more likely that the blog owner will be considered a publisher. On the other hand, if the blog owner had no involvement in the preparation of the publication or merely served as a passive conduit for the publication, then it is less likely that the blog owner could be considered a publisher. In addition to the degree of control and involvement, courts will also consider other factors such as the nature of the communication, whether the blog owner has a financial interest in the publication, and the nature of the blog itself. Ultimately, this determination may be made on a case-by-case basis. Therefore, it is important that parties seeking to protect their rights seek legal advice to determine whether their situation falls under Colorado defamation law.

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Are blogs considered “publishers” under defamation law?

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