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Should Online Defamation Be Criminalized?

Mississippi Law Journal, Vol. 76, 2007
  • 0
    Citations
  • 9,562
    Usage
  • 3
    Captures
  • 1
    Mentions
  • 0
    Social Media
Metric Options:   Counts1 Year3 Year

Metrics Details

  • Usage
    9,562
    • Abstract Views
      8,612
    • Downloads
      950
  • Captures
    3
    • Readers
      3
      • SSRN
        3
  • Mentions
    1
    • News Mentions
      1
      • 1
  • Ratings
    • Download Rank
      49,360

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Paper Description

In 1961 the drafters of the Model Penal Code decided that defamation should not be criminalized, even though libel was a common law crime. They based their decision on two assumptions: One was that defamation does not inflict "harm" of a severity comparable to rape or murder; the other was that while defamation concededly inflicts a lesser "harm," the likelihood of its being inflicted was too slight to justify the imposition of criminal sanctions. This article argues that our increasing use of cyberspace makes the second assumption increasingly problematic, and therefore requires that we revisit the need to criminalize online defamation.

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