DEFAMATION/LIBEL & SLANDER

I am sending a reprint of an article by David L. Ganz, Esq., from his column, "Under the Glass" in the Numismatic News, September 15, 1998. Archie Black sent it to me in the aftermath of the false charge by Eddy Campiglia. However, I do not post it for that reason. I do this because it is my belief as a law teacher and trial lawyer that lay people are not fully aware of the danger of libel and that there exists some myths about the law that have led some people to assume that they are for practical purposes "immune from suit." This board is properly used by a number of us to question the validity of chip offers here, on eBay and elsewhere. We need to continue that service but also need to exercise restraint and caution.
The article is reprinted with the permission of the author. It is Copyrighted, 1998 by David L. Ganz. All rights are Reserved. Although I have edited the document, errata may have crept in and if so, I take responsibility for it.

If you wish to contact the author: David L. Ganz, Ganz Holinger & Towe, 1394 3rd Ave., N.Y., N.Y. 10021 [E-mail: DavidLGanz@aol.com]

Due to the length, I am sending this article in several parts. A better method would have been for me to put this on my home page and link to it, but because of circumstances beyond my control, I cannot do that. I recommend that you down load the several parts and read them at your leisure.

PART I

"INTERNET USERS, TOO MUST WATCH WHAT THEY SAY

"Let me start with a confession: I surf the World Wide Web and the Internet regularly, and usually spend some time in the coin newsgroup rec.collecting.coins where I have met new friends, caught up with old ones, and read some fascinating things.

"It's a great way to find out news before it is popularized, and before any spin control can influence the way we look at a particular event. But it's also an area in which we should all exercise self-control and caution.

"This is true, by the way, whether you write to the newsgroup as a whole, to an individual by electronic mail (e-mail), in a letter to an editor of a coin newspaper or hobby club, or even in a written letter with a 32-cent stamp sent to a friend.

"Try this as an example: you're surfing the Internet when someone requests your thoughts about buying coins from a particular dealer, or about the general reputation of the person who buys and sells coins for a living.

"Or, suppose you're in a chat group on America Online when someone asks whether or not it's true that a specific person of some note stole large cents from the collection of the American Numismatic Society.

"Or, as took place a week or so ago in a topic thread that has percolated in the coin group, someone complains about the coin grades sold by a dealer, and using an epithet, refers to allegedly nefarious business practices.

"Experienced Web-watcher and newsman Alan Herbert, who has experience in the print media as well as a broadcast journalist dating to his radio days in South Dakota, then posted a caution that the remarks could be considered defamatory. -CONTINUED-