Citizendium Blog

February 25, 2007

Wikipedia article defames golf pro, who sues company with IP address of anonymous contributor

Filed under: Internet, Other projects — Larry Sanger @ 2:57 pm

In a case that could have a huge impact on the legal situation of online collaborative communities–including the Citizendium–golf pro Fuzzy Zoeller is suing the company with the IP address that showed up when an anonymous Wikipedia contributor defamed him.

An uncomfortably strong argument can be made that Zoeller deserves legal relief if he has been defamed.  Wikipedia’s reach is now enormous, and if indeed it has gained a reputation, whether deserved or not, as a source of reasonably reliable information, and it defames someone for any significant length of time, such defamation can do very real harm to a person’s reputation.  Some of Wikipedia’s more irrational defenders will wish to deny this.  But no matter how much you love Wikipedia, you cannot credibly deny that Wikipedia is capable of very real and very harmful defamation.

 As time goes on, Jimmy Wales’ standard reply, summed up here–

Wikipedia founder Jimmy Wales declined to comment on the suit. But he said Wikipedia is no different from any Internet message board — meaning objectionable comments have to be posted before they can be removed.

–becomes less and less plausible.  Wikipedia obviously is not just like “any Internet message board,” if it ever was.  Wikipedia articles are collectively written summations of purported knowledge on topics.  Articles that contain defamatory remarks are not “objectionable comments” on a “message board”; they are presented to the world and typically accepted as fact, which is something Jimmy himself encourages by saying, as he does, that Wikipedia is actually pretty reliable.

Nobody likes this situation, in which this fantastically productive project can effectively do character assassination; nobody wants this situation; but Wikipedia is in it.  Ethically, and probably legally, Wikipedia’s managers must face up to it, because the injustice the current situation perpetrates is completely and obviously intolerable.

It is reprehensible, moreover, to react to this situation lackadaisically, regarding false claims that are personally and professionally damaging as in effect “collateral damage” that society must bear as the price of having such a wonderful project as Wikipedia.  That reaction is reprehensible because it assumes that Wikipedia’s managers cannot improve the way that it deals with this sort of problem.  They could, without completely breaking its system; but they choose not to.

The Citizendium, so far, has few if any articles about living persons among its 1000+ articles in development.  When we do start adding such articles, they will come under the management of our Topic Informant Workgroup (see this blog post for more).  Furthermore, we will have a zero tolerance policy toward any even possibly defamatory remarks: to say something that might tend to impugn someone’s reputation, even if true, will require extremely good documentation.  If no such documentation is offered, or if it does not check out, the person who makes such claims will be “escorted to the door.”  We simply won’t tolerate it.

7 Comments »

  1. Completely on-mark here, Larry. I would add that perfect citation of possibly defamatory remarks is not enough. Asymmetric controversy, however well-cited, can be equally problematic in its overall effect.

    Comment by Stephen Ewen — February 26, 2007 @ 1:54 am

  2. A significant amount of my brief personal editing time was involved with living person articles. The problem with Wikipedia is conflicting core policies. Or simply…lack of definitions. These problems are so severe that I find it much more value to support Citizendium than fight the ever internal Wikipedia battle.

    Hence the value of competition.

    -Jason Potkanski

    Comment by Jason Potkanski — February 26, 2007 @ 4:33 pm

  3. It seems to me that offering an e-mail service that delivered editing changes to the subjects of Wikipedia articles could provide a way to mitigate harm. The person then could have a “click to remove” option that would put such edits into some sort of a process where they would have to undergo scrutiny to be reentered into the wiki. This would shorten the time frame that distortions were in an article and hence harm they could cause. It would give a party more control over what is written about him or her without ceding any sort of absolute authority to them.

    Comment by Jeff Sanders — February 27, 2007 @ 8:10 am

  4. I just want to say that I think we need a better legal mechanism than ex parte John Doe suits. I mean, I hope the vandal/troll is caught and hung, but ex parte suits really suck in general

    Comment by ZachPruckowski — February 27, 2007 @ 3:44 pm

  5. Jeff: People can do this already.

    If they register for a user account, and put particular page on their watchlist, they can go to Preferences and check a box that automatically emails them when those pages are edited. Presumably Citizendium has this to, as it’s built into MediaWiki software, so far as I know.

    Comment by Nicholas Moreau — March 6, 2007 @ 9:52 am

  6. [...] tacit criticisms of Wikipedia, for instance last week when he declared there is a strong case for holding Wikipedia liable for defaming Fuzzy Zoeller (for the record, not even Fuzzy Zoeller claims to hold Wikipedia [...]

    Pingback by Larry Sanger Wants to Rumble With Jimmy Wales « ValueWiki Blog — March 6, 2007 @ 2:38 pm

  7. This is definitely one of the new legal messes as a result of the Internet being so incredibly popular. I’ve always just chosen to ignore defamation, but then, my name has never appeared in Wikipedia (I don’t think?)

    Comment by Free Golf Tips — June 18, 2007 @ 2:06 pm

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