Blogging: Can One Defame At Will?

Jeff Cumberbatch continues his discussion on blogging today (see Advocate "Musings" column, and my previous post, Bloggers Have A Duty Of Care). It seemed clear to me where he was headed when he started his musing, and he makes it absolutely clear today. He is concerned about the blogs and their ability to defame. However, he is teasing us along the route--confident, I'm sure that things will not move so fast as to create issues that he cannot develop at his leisure. However, he touches on the important argument about whether defamation needs to include malice:

'One clearly cannot provide in this limited space an entire treatise on defamation. But there are some misconceptions I am aware of which need some clarification, and the liability of the local blog owners has not yet been fully explored.

One such misconception relates to the need for the claimant to establish malice on the part of the publisher in order for a defamation suit to be successful. While malice is relevant in the law of defamation, its presence relates mainly to preventing reliance on the defences of comment and qualified privilege and, in the US, on the public figure defence whereby such a personage must prove both falsity and knowledge of or recklessness as to such on the part in order to bring a successful action. It is not at all essential to liability.'

As I read the local blogs, I see a lot of erroneous arguments that carry weight only through their repetition. As far as the issues above go, the main determinant will be through the application of current laws. I say that without some legal tests the landscape is going to stay unclear and uncharted. The local press and radio media avoid getting into defamation issues as if it were the worst of viruses. Will the blogs unwittingly tread on those thorns and help clear the way? There is ample rope dangling on the blogs for many a good hanging, and I remain intrigued why major political personalities have not taken one of the ropes and made a good lasso. But, I'm no politician and have never really understood those who practise that particular brand of mystic arts.