I just read the Whisper Network article by Bleeding Fool. In my opinion, the piece does a pretty good job of putting the author and publisher in legal jeopardy. But what do I know? I'm just a comics writer. Who is an attorney. Let's get lawyered: 1/

To establish a libel case you need a few things: 1) Publication of a 2) Knowingly False Statement that 3) causes Damages. Obviously, the Bleeding Fool article establishes the first element. The third is for the plaintiff to prove. So, let's talk about the second element. 2/

My undergrad was in comms/journalism and one of the important ethical lessons we learned was to not draw conclusions that may exist outside the factual record. Meaning, report the facts. Let the reader make inferences. 3/

If the Whisper Network article had simply laid out the facts, as the author had witnessed them, drawing no conclusions as to the purpose or intent of those in the article, likely the article would be, from a legal perspective, fine. 4/

Problematically for the publisher, the article went a step further and alleged - without citing or establishing proof - that the purpose of this Whisper Network was to open up job opportunities to personally benefit those in the network. Well. Now we have a legal liability. 5/

Truth, of course, is a defense. But nothing was offered in this article alone to establish the personal benefit alleged as the intent behind this network. Therefore, Bleeding Fool would be liable for damages proven for the duration of the publication being on its site. 6/

Throughout the article, the word 'opinion' is used. Pure opinions can not be defamation. However just stating something as opinion is not a defense to defamation. The totality of circumstances are considered. In my opinion, the article presents as factual, not opinion. 7/

Another defense sometimes raised in defamation, libel, and slander suits is that the Defendant was not in a position to know that the basis for the suit was false. The article removes any doubt of this by having the author establish herself as imbedded in the network. 8/

The legal peril that Bleeding Fool and it's author is in right now comes down to, of course, damages. But it is an example to all comics news sources that journalistic ethics and standards exist for a reason. You can report facts. But you can't make allegations beyond them. 9/fin