internet name calling - libel? - Page 2

WillowTheWhisp · 05-09-2008, 18:41

In the case mani asked about if the person who claims to have been libelled has access to the edit facility of the post and it cannot be proven that he has or has not amended what the original poster posted then I don't think he'd have much of a leg to stand on.

If it was a message board like this one the board does record who has edited a post but it doesn't necessarily prove what that edit entailed.

hedman2003 · 05-09-2008, 21:43

Quote:

Originally Posted by garinda

I take it you weren't sued by buy-the-house, for posting your feedback on their services, here on Accy Web?

bimey are you a detective in your spare time?

I could verify all my dealings with buy the house that I didn't think they provided us with a good service my comments were my personal feelings and not malicious but factual

blazey · 06-09-2008, 03:58

I studied defamation as part of criminal law last year, and whilst I am not a human text book, one of the most important factors in a successful case is that there has to be some economic loss or a loss of close relationship ties, though this is restricted in some ways, and without getting out my text book I can't think what they are off the top of my head.

A lot of the law on defamation has changed with case law though so I can't really elaborate without reminding myself of them...

Guess the short answer is that YES you can but there has to be particular losses that you can prove were caused by the libel, and that isn't always easy.

Ber999T · 06-09-2008, 08:08

Like I said complex and confusing laws. Forgot about the cost of it as you would usually have to start in a Civil Court

lancsdave · 06-09-2008, 09:46

If you could sue for name calling on an internet forum some people on here would never be out of court

accyman · 06-09-2008, 10:02

i dont know about slander and libel but i do know that if you can prove who a peson is you can have them done for harassment so say somone who didnt like you came on here spouting lies or making false acusations you could possibly have them charged with harasment especialy if there was offline harassment as well taking place

naturaly you would have to save the webpage with the acusations or lies on but that isnt hard and the persons ip could easily be traced to the account holder etc as explained earlier

normaly the police will just have a word in the offenders ear to start with but if it persisted they could face been charged and prosecuted

the mods here are pretty much on top of things anyway but some sites arnt as well run

blazey · 08-09-2008, 18:36

Back on my note, someone once accused me of prostitution on this forum. If I had been working at the time and my employer had seen it and sacked me, I would have a case for libel. Same for if my parents disowned me for it.

Beyond that it gets complicated, and it isn't really my area of expertise! I doubt anyone has a strong case for libel on this forum though, so it's not really a problem!

garinda · 08-09-2008, 23:17

Quote:

Originally Posted by blazey

Back on my note, someone once accused me of prostitution on this forum. If I had been working at the time and my employer had seen it and sacked me, I would have a case for libel. Same for if my parents disowned me for it.

Beyond that it gets complicated, and it isn't really my area of expertise! I doubt anyone has a strong case for libel on this forum though, so it's not really a problem!

Someone also accused you on this forum of taking illegal drugs.

Did you not consider sueing them, considering such an allegation might hinder a career in the law?

Mancie · 09-09-2008, 00:30

Very tasty this thread.. just thinking how many of us steam into people with what we feel maybe throw away statements could be used in law.. because it is mostly all on file somewhere.. while a few cross words ..say in a pub.. would have to be verified by a witness.
but then again sod it!

edit.. everything I just said was not intended to upset anyone and I totally refute the statement because it was not me.. It was some other person messing with my PC!...

mani · 09-09-2008, 03:19

very interesting answers...

the things said were true to an extent. so the guy who threatened to sue the poster eventually backed down after a few online lawyers gave some choice advice of how difficult it would prove to take this futher

how much does it roughly cost to persue a libel case?

WillowTheWhisp · 09-09-2008, 09:47

If there was truth in the things that were said then I doubt very much if he'd have a leg to stand on.

It just depends on how much truth. It's like the difference between saying "Person A befriends a lot of young children." which may well be a fact and saying "Person A is a paedophile." which is an unproven assumption based on the fact.

Less · 09-09-2008, 10:19

Quote:

Originally Posted by garinda

Someone also accused you on this forum of taking illegal drugs.

Did you not consider sueing them, considering such an allegation might hinder a career in the law?

It doesn't effect a career soliciting though does it.

blazey · 10-09-2008, 00:18

Quote:

Originally Posted by garinda

Someone also accused you on this forum of taking illegal drugs.

Did you not consider sueing them, considering such an allegation might hinder a career in the law?

It has to actually affect it, a chance that it might isn't enough.

Also, there is no legal aid for defamation cases but there is a different thing you can sue for that IS supported by legal aid but it has even tighter criteria so that would be very little use to most people as well.

I also wouldn't like to encourage that American attitude of "I'll see you in court" either. Court cases aren't settled in a short space of time.

If I had been qualified at the time and it had affected my career then I probably wouldn't think twice about suing the person who had destroyed my dreams. I also can't remember who the burden of proof is on but I think it is the defendant and they do have a few defences available to them...

Libel is one of the nasty areas of law really, the type where you really get your claws out and aim for the eyes. Not something I particularly have much interest in so I'm telling you what I know off memory of being taught it over a short space of time, nothing more than that.

Everything I ever say will be something you can read yourself from a book. I wouldn't like to be the one to apply any law to the facts and give actual advice because I'm just not qualified to do such a thing. So I'll stress again that I'm just going off memory from what I have studied and if people are faced with legal problems that potentially could affect their lives in a substantial way then they should see a solicitor!