Elon Musk's defamation win may reset legal landscape for social media

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'I think this verdict reflects that there is a feeling that internet tweets and chats are more like casual conversation whether you call it opinion or rhetoric or hyperbole and should not be punished in a lawsuit.'

We’ll be curating stories from management guru John Bittleston and making them free to read.But they also agreed it would shift the legal landscape, undercutting the cases that would have seemed viable before the trial while defendants would use it to try to reduce possible settlement values.

"I think defendants in modern defamation cases are likely to point to the vitriolic no-holes-barred nature of modern social media, cable TV, and political discourse, in contending that many words and accusations formerly considered defamatory are now understood only as mere opinions, not factual assertions," he said.

Several attorneys said Mr Unsworth appeared to have a strong case, and noted that Mr Musk failed to convince the judge to dismiss it at an early stage. But they cautioned that anything can happen in a courtroom where factors such as the credibility of witnesses and likeability of parties can become important factors.

In recent years, judges have been wrestling with social media comments and whether to consider them factual statements or protected opinions.

 

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