| Instant messaging or "IM" a technology permitting | | | | per se arises when the false remarks in themselves |
| users to send and receive text messages to one or | | | | may form the basis of an action for damage in which |
| multiple parties without a time delay between sending | | | | both malice and damage are presumed as a matter |
| and receipt of the message is a powerful tool. Using | | | | of law. Id. |
| this technology is similar to having a conversation | | | | The issue to consider is whether a reasonable |
| with another person; just like that person was in the | | | | person's expectation of privacy using a web-based |
| room with you. The difference is that the two or | | | | system that is intended as a two-person form of |
| more people may be several miles or even continents | | | | communication, is reasonable? To take it one step |
| apart. The benefit of this technology would seem to | | | | further, should a person have the expectation that |
| be obvious, in that a conversation can take place | | | | no other person is viewing the conversation, without |
| much like one were on a telephone, but without the | | | | specifically asking the question to the other person, |
| long distance fees. However, this "IM" technology can | | | | "are you alone"? If the answer is that a person |
| also lead to great liability for those who take | | | | should not reasonably expect the conversation to be |
| advantage of its electronic conversation capabilities. | | | | viewed only be the sender and recipient, then |
| Like conversation, instant messaging is a simultaneous | | | | perhaps the publication element of defamation can be |
| give-and-take of messages, but it occurs in text | | | | made. |
| form. It is very possible that a person can make a | | | | An instant messaging provider typically maintains |
| statement to another person, where the statement | | | | instant messaging systems, and a client-side |
| concerns the other person and the statement is | | | | application is usually accessed through a small window |
| false. If such a situation occurred in a room where | | | | on the computer desktop that remains open when |
| the two people were the only ones in the room, it | | | | the instant messaging program is running. Instant |
| might be emotionally hurtful, but not legally | | | | messaging systems use several different and unique |
| defamation. However, what would be the result if a | | | | methods to deliver text messages on two or more |
| third person were either part of the conversation or | | | | users computers at the same time. The most |
| simply watching the screen, of the receiving party | | | | commonly used system is a centralized network, |
| when the statement was made. Lets further assume | | | | which connects multiple users to a series of servers |
| the statement dealt with a person's professional | | | | (large computes that connect to each other). |
| reputation. Even if such a statement was not | | | | The servers transmit each text message through the |
| considered written as a result of the intended private | | | | centralized network until it is dispatched to the |
| communication, such a statement could conceivably | | | | intended recipient's computer. The systems that |
| be defined as slander per se. | | | | work in this way, centrally store user data, including |
| Slander is defined as 'the speaking of base or | | | | user names settings, passwords and your favorite |
| defamatory words which tend to prejudice another in | | | | friends. There are many publicly accessible |
| his reputation, office, trade, business, or means of | | | | instant-messaging systems that use this method |
| livelihood.' Long v. Vertical Technologies, Inc., 113 N.C. | | | | including AOL, Yahoo and MSN Messenger. |
| App. 598, 601, 439 S.E.2d 797, 800 (1994). Slander | | | | |