Hypothetical Libel

A hypothetical blogger, AlkalineBeaker, who runs the site Sarcastic Na2C03, has apparently been hit by the threat of legal action from a seemingly innocuous post regarding a fellow blogger's retraction and apology for his statement.

While there is apparently no libelous material (to me, at least, it seems innocuous enough, nothing beyond the norms of free speech), I do have a suspicion it may have something to do with some of the comments.

From what little I know in this area of law, if the material is found to be libelous, even if its from the comments, he will be liable, if he does not take the necessary steps to remove it as soon as he is alerted to the offending material. Likewise, his service provider (the host of where his blog is sited) will be similarly culpable. This cannot be disclaimed, but it can be excused.

Although the threat of legal action probably stems from a Hypothetical Nation (hereby HN) in which AB and his site is not currently based in, he will still be liable within HN's jurisdiction. Whether HN can actually enforce the threat, is of course another matter altogether.

However, the threat of legal action is simply bully-boy tactics, one often used by big corporations and the likes to intimidate and force people into submission. It is unlikely that a legal action will be commenced, and in the even more unlikely situation that AB actually attends trial, the hypothetical claimant from HN will prevail, because he is from HN. In other nations, there wouldn't even be grounds for a legal suit.

Of course, it is also unlikely that the hypothetical claimant actually wishes to commence proceedings. As espoused above, it is just used as an intimidatory tool to force AB into submission, to silence him. Furthermore, if the claimant has an axe to grind with AB due to other issues, he may be all the more willing to 'monitor' AB and seize any opportunity to bring him down. In this hypothetical scenario, this may just be the case.

Keep in mind, if AB is merely a student who is emerging into the working world, with nary a penny and experience in the real cruelties of the corporate and political world, this will be extra intimidating. Then there is also the side issue that such an action will not only stain AB's reputation, but also affect his studies.

Powerful People (PP) abusing the judiciary is a commonplace occurrence, but that doesn't make it right. But it also serves to warn normal layman bloggers like you and me about the perils of free speech. This may also serve to warn us that as mere mortal bloggers, we are pretty much susceptible once we accidentally step on PP's toes. Even more so if HN and PP in HN are very surveillant and vengeful. Maybe we must band together to protect ourselves. Strength in numbers. Besides watching our words, we should stop our zealous infighting and band together against the real threat. For example, if some other bloggers choose to post, say, racist comments, then what we should do is to settle the issue between ourselves. Eg, post a comment or send an email and highlight one's grievances with him, and see the response. An apology and retraction would suffice. There is no need to take the matter to other authorities – and hence out of our hands – we are feeding one of our own to the crocodiles.

*I am just thinking aloud about a hypothetical scenario that is playing in my head at the moment. Any similarities to real persons or situations are purely coincidental.
*Discerning comments with a large dose of tact is most welcome
*Thankfully this is only a hypothesis. I am fortunate enough to reside in SG, where there is excellent systematic justice in place.