Venting online, consumers find themselves in Court

Lawyers say that a growing number of business are suing individuals for posting critical comments on social networking sites and blogs

NEW YORK:

After a towing company hauled Justin Kurtz's car from his apartment complex parking lot, despite his permit to park there, Kurtz, 21, a college student in Kalamazoo, Michigan, went to the Internet for revenge.

Outraged at having to pay $118 to get his car back, Kurtz created a Facebook page called "Kalamazoo Residents against T&J Towing." Within two days, 800 People had joined the group, some posting comments about their own maddening experiences with the company. T&J filed a defamation suit against Kurtz, claiming the site was hurting business and seeking $750,000 in damages.

Websites like Facebook, Twitter and Yelp have given Individuals a global platform on which to air their grievances with companies. But legal of such sites has also given rise to more cases like Kurtz's, in which a business critical comments online.

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The towing company's lawyer said that it was justified in removing Kurtz's car because the permit was not visible, and that the Facebook page was costing it business and had unfairly damaged its reputation.

Some First Amendment lawyers see the case differently. they consider the lawsuit an example of the latest incarnation of a decades-old legal manoeuvre known as a strategic lawsuit against public participation, or Slapp.

The label has traditionally referred to meritless defamation suits filed by business r government officials against citizens who speak out against them. The plaintiffs are not necessarily expecting to succeed but rather to intimidate critics who are inclined to back down when faced with the prospect of a ling, expensive court battle.

"I didn't do anything wrong," said Kurtz. " The only thing I posted is what happened to me."

Many states have anti-Slapp laws, and Congress is considering legislation to make it harder to file such a suit. The bill, sponsored by Representatives Steve Cohen of Tennessee and Charlie Gonzalez of Texas, both Democrats, would create a federal anti-Slapp law, modelled largely on California's statute.

Because state laws vary in scope, many suits are still filed every year, according to legal experts. Now, with people musing publicly online and business feeling defenceless against these critics, the debate over the suits is shifting to the web.

Recognising that lawsuits can bring more unwanted attention, one organisation has taken a different tack. Medical Justice, which helps Protect doctors from meritless malpractice suits, advise its members to have patients sign an agreement that gives doctors more control over what patients post online.