This article is adapted from my upcoming sefer,“Shmiras Haloshon in Today’s World”. All halachos mentioned herein are complex and part of a larger framework. The purpose of the article is to raise awareness of these essential halachos. Hence, one should not draw any practical conclusions without first consulting a rav.
In the present article, our intent is only to clarify what is classified as public information. However, one must still fulfill the requirements delineated in the previous articles in order to relate such information. Most prominent are the requirements that the speaker not intend to spread the information and that he may not add a negative slant. The reader is referred to our previous articles for the other details necessary which will not be repeated in this article.
Newspapers
Information that became known to the public through national newspapers may be read or related anywhere (at least in that country). Information that was publicized in local papers may only be read or related in that locale, or in any other place where one can assume that the information will become known. However, if the information is of minor significance, and it was not printed in the Jewish, religious newspapers, one may not relate the information in a community that does not read secular newspapers.
It is important to note that many Rabbanim rule that it is forbidden to believe information that is printed in newspapers. Although some suggest a more lenient approach, they agree that information that has become publicized in newspapers must be taken with a grain of salt. It is a proven fact that much of the information that is printed in newspapers is not completely accurate. Indeed, there have been incidents of even respected newspapers publicizing terrible information about individuals, and it was later discovered that crucial details were lacking, overlooked, or misinterpreted. Therefore, even according to the opinions that allow an individual to believe public information, one should not to accept loshon hora related in a newspaper as an absolute fact without first consulting a Rav who is familiar with the details of the situation.
Jewish Newspapers
Information printed in Jewish newspapers that are disseminated throughout the Jewish world may be read or related anywhere since the information has become public to Jews worldwide. However, if the information has not entered into the secular media, it should not be related to non-Jews, or even nonreligious Jews who are not in regular contact with the religious Jewish community.
Newspaper Publishers
It is important to note that it is completely forbidden for those who publish these newspapers to include loshon hora (not for a constructive purpose) that has not already become publicized. Furthermore, even if the information has already become public knowledge, it is highly questionable if negative information may be printed (when it is not for a constructive purpose). This is due to the fact that information is printed in a newspaper with the expressed intent of spreading the news. Hence, our discussion pertains only to reading the paper, ex post facto, after the information has already been published.
Websites and Blogs
Information found on popular news websites or news portals follows the same guidelines as newspapers. The information contained therein is considered public in any locale in which a large number of people visits that website. The defining factor here is where the information has actually become public knowledge. The fact that anyone in the world could access the website is irrelevant.
Based on this principle, if information is posted on someone’s personal website or blog, this does not necessarily classify the information as public knowledge, even though it is theoretically accessible to the public. In such a case, the halachah depends on who commonly reads the blog and where they live. A case-by-case assessment must be made.
It must be stressed that a large percentage of information publicized in blogs is completely false. This is more so than in newspapers, as those who write personal blogs have no accountability for the information that they write. Lack of accountability yields a lack of credibility. Furthermore, anyone can create his own blog — there are no prerequisites to being a writer on a blog and no requirements that it be edited for accuracy. Anyone who has any complaints against another individual can freely defame him with any lies that he wishes to communicate, by means of blogs, Facebook, and other forms of social media. This results in a large amount of inaccurate, and even outright false information which is spread over the internet. Therefore, even when the information in a blog or social media has been publicized in a way that renders it public information, it is highly questionable whether one may even look at what is written there. Certainly, one may not believe what is written, even according to the opinions that generally do allow one to believe public information. Rather, one must first consult with a Rav to determine if it has the proper credibility.
Divorce
Relating that a couple got divorced may reflect negatively on the couple and is deemed loshon hora. However, in many instances, one may mention that the individuals are divorced under the dispensation of public information. This may change based on the place and circumstances, so a Rav should be consulted.
Of course, one may not say anything degrading in regard to the divorce, nor may he speak with the intent to spread the information. Furthermore, it is forbidden to disclose the reason for a divorce. Such information is usually not known to the public and, therefore, is not included in the aforementioned dispensation. One may only say in general terms that the marriage did not work out.
It must be reiterated that one may not rely on any dispensations mentioned in this section without ensuring that the other requirements delineated in our previous articles are met.