Bloggers' Rights

If you're a blogger, this page is for you.

One of EFF's goals is to give you a basic roadmap to the legal issues you may confront as a blogger, to let you know you have rights, and to encourage you to blog freely with the knowledge that your legitimate speech is protected.

To that end, we have created the Legal Guide for Bloggers, a collection of blogger-specific FAQs addressing everything from fair use to defamation law to workplace whistle-blowing.

In addition, EFF continues to battle for bloggers' rights in the courtroom:

Bloggers can be journalists (and journalists can be bloggers). We're battling for legal and institutional recognition that if you engage in journalism, you're a journalist, with all of the attendant rights, privileges, and protections. (See Apple v. Does.)

Bloggers are entitled to free speech. We're working to shield you from frivolous or abusive threats and lawsuits. Internet bullies shouldn't use copyright, libel, or other claims to chill your legitimate speech. (See OPG v. Diebold.)

Bloggers have the right to political speech. We're working with a number of other public-interest organizations to ensure that the Federal Election Commission (FEC) doesn't gag bloggers' election-related speech. We argue that the FEC should adopt a presumption against the regulation of election-related speech by individuals on the Internet, and interpret the existing media exemption to apply to online media outlets that provide news reporting and commentary regarding an election -- including blogs. (See our joint comments to the FEC [PDF, 332K].)

Bloggers have the right to stay anonymous. We're continuing our battle to protect and preserve your constitutional right to anonymous speech online, including providing a guide to help you with strategies for keeping your identity private when you blog. (See How to Blog Safely (About Work or Anything Else).)

Bloggers have freedom from liability for hosting speech the same way other web hosts do. We're working to strengthen Section 230 liability protections under the Communications Decency Act (CDA) while spreading the word that bloggers are entitled to them. (See Barrett v. Rosenthal.)

If you'd like to spread the word about our work, consider adding an EFF Bloggers' Rights Badge to your blog or website.