Defending clients against on-line libel may become increasingly difficult due to the direct communication nature of the Web.

Bloggers and other on-line commentators have a disproportionately powerful hold over the opinions of consumers, according to a report by research firm Jupiter Research. But these powerful 'small' players, unlike traditional publishers, may not be worth chasing over defamation.


Julian Smith, an analyst at Jupiter Research, found that almost a quarter (24%) of Web users contribute to blogs, Web sites or on-line forums unprompted. This relatively small group of active consumers has a disproportionate effect on the others, Mr Smith said.


But perhaps worst of all is that, contrary to tradition where companies might be libelled by other firms or by media organs, now it is the little man who is capable of drastically affecting a brand.


These people are generally not worth suing, Mr Smith said, so companies might be far better advised to both reach out to the consumer community to directly address allegations it feels are unfounded, or work with the disgruntled commentators to find an agreed solution.


'How does a corporation respond to that?' said Mr Smith. 'You have to say "is he lying, and if it's really libellous, is he worth suing or taking to court?" and if not, you have to be able to defend yourself. It's causing companies to wake up to these just one or two detractors and confront them. That either involves either writing a blog on your site and saying we disagree or really confronting that complaint. But, in a way, these little bloggers can say whatever they want.'


This is in part because there is little comeback for a lot of potential impact on-line. Those who are using the power of the Web to connect straight to readers can be instant opinion leaders.


'These early adopters of blogging can be fairly influential,' Mr Smith said. 'Especially if they're an authority or seen to be an authority on the subject matter, then they're going to have strong influence.'


Jupiter Research found that just over half of Web users are, essentially, couch potatoes who are passive, 'silent' surfers who do not participate on-line, while 23% of users surveyed participate when prompted to do so, in on-line surveys or Web polls, but are not active writers and posters.


All this passivity may give cold comfort to those lawyers who wonder why no one comments on their Web sites and blogs. But there is an upside - the currently limited number of UK lawyers blogging and getting actively involved with on-line communities means they could have great influence.


Mr Smith said that the disproportionate effect is far more likely to happen with negative comment on companies, but being one of the few to be speaking to a passive public gives those engaging in on-line communities and comment the chance to reap significant benefits.