Torts are often thought of as actions such as assault and battery or the car crash damage. Obviously, such physical torts cannot take place over the Internet. However, some torts can result from the malicious or negligent use of words. These torts can and are committed over the Internet. The publication of defamatory statements over the Internet, for example, can give rise to liability in the same way as oral or written statements.
Defamation consists of a published false statement intending to harm the reputation of another.
Even when a third party can be liable when it communicates a defamatory statement. The publisher of an Internet site may be liable for invasion of privacy if their Internet site makes unauthorized use of a person's picture, likeness, signature, or name for commercial purposes, publishes a false and objectionable statement about a person, publicly discloses embarrassing facts about someone, or intrudes upon someone s seclusion or personal space. Vicarious liability is when someone knew of the tortious action, could have stopped the tortious action, or committed the tortious action in the course of employment. In those circumstances, someone other than the tortfeasor may be held liable for commission of the tort. Any action against a school district for vicarious liability in tort would be subject to the provisions of the Computer Decency Act and the Michigan Governmental Immunity Act discussed above.