Hypothetical: A professional baseball player brings a defamation ...

[jazziefee]

Hypothetical: A professional baseball player brings a defamation action against his former personal trainer and an online sports-news website based on a news article on the website that the baseball player used performance enhancing drugs. The baseball player is also suing the website based on alleged defamatory statements posted by anonymous Internet users in the comments section attached with the article. The personal trainer also made statements to the FBI as part of a federal grand jury investigation involving the use of performance enhancing drugs. The former training has used syringes and videotape evidence that he turned over the FBI. What defenses will the personal trainer and online sports-news website likely assert in the defamation action?
 
  What will be an ideal response?

Question 2

Just as with physical evidence, if electronic information is to be used in court, the ________ must be documented , showing who had access to the information and if any alterations were made.
 
  A. IT
  B. Legal team
  C. Print-out
  D. Chain of custody

[kardosa007]

Answer to Question 1

The personal trainer and sports-news website will likely assert truth as a defense. Truth is an absolute defense in defamation cases. The sports-news website may also claim a defense under Section 230 of the Communication Decency Act based on the comments posted by anonymous Internet users. The trainer could also claim privilege and immunity since the statements were made as part of a federal investigation.

Answer to Question 2

D

[jazziefee]

Thanks for the timely response, appreciate it

[marict]

Excellent