e.Digital Corporation (fka EDIG)

[CAL_LAW]

Defamatory Internet postings are libel under Civil Code Sec. 45, not slander under Sec. 46. Plaintiffs may collect presumed damages for them and need not establish special damages. Internet postings are not by their nature so lacking in credibility that no reasonable person would regard them as true, nor need such postings be regarded as true to be defamatory. Failure of special verdict forms to require that jurors identify specific postings found to be defamatory did not require reversal where many of messages introduced into evidence could have been deemed libelous under trial court’s instructions. Publicly traded company and its executives were not limited purpose public figures where they did not inject themselves into any particular public controversy. Provision of injunction barring defendants from making future defamatory statements of a specified nature was unconstitutional prior restraint on free speech. Provision of injunction barring defendants from posting financial information about libeled company’s executives or employees, along with their residence addresses or the names or locations of their family members, was valid content-neutral speech restriction. Court lacked power to grant injunctive relief to individuals not joined as parties to the lawsuit. Pendency of appeal of trial court’s denial of anti-SLAPP motion did not automatically stay action under Code of Civil Procedure Sec. 916(a).
Varian Medical Systems, Inc. v. Delfino - filed November 13, 2003, Sixth District
Cite as 2003 SOS 5807
Full text http://www.metnews.com/sos.cgi?1103%2FH024214