Are blogs considered “publishers” under defamation law?

Under South Dakota defamation law, blogs may be considered “publishers” in some cases and could be subject to legal action if found to have defamed someone. Generally speaking, a “publisher” is someone who has disseminated information to the public that is false and damaging of a person’s reputation. Therefore, if a blog posts a false and injurious statement about someone, they could potentially be held liable for defamation. Whether a blog is considered a “publisher” is largely dependent on the context and severity of the statement. For example, a blog post that merely expresses a difference of opinion would probably not be considered false or damaging enough to constitute defamation. On the other hand, a post that contains false statements and accuses someone of criminal activity might be considered defamatory and the blog could be held responsible for damages. It is essential that blogs understand and adhere to South Dakota’s defamation laws, as they may be held accountable for any false or damaging statements they make. They need to be aware that any such statements could be held against them in a court of law. Blogs should also review their posts with an attorney prior to posting them to ensure full compliance with the law.

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