internet name calling - libel?
 

no no dont worry my beloved accywebbers no one has been calling me names

but if on a message board u get one member coming on - posting allegedly things that have occured in another members personal life

so if member one came on and said member 2 did this that and the other to one of his ex's etc

but member 2 denied it threatening to sue him for libel

so what are the chances of something like this actually reaching the court?

would it make a difference if member 2 was an admin/moderator hence able to change texts?

what sorta costs are involved in such a case?

Re: internet name calling - libel?
 

:eek: ohhhhhhhhhhhhhhhhhh thats deep mani just would have to think that member 2 would be grown-up enough to ignore member 1 I guess

The libel laws are very confusing and complex thats all I know sorry :(

Re: internet name calling - libel?
 

been there been accused of that...member 1 was accused of saying something about member 2, member 2 said he was going to see a solicitor, this was without seeing ANY proof of what member 1 was supposed to have said, member 1 DID NOT say or do anything that member 2 was saying she did and is STILL waiting a year later for proof of what member 2 accused her of, member 2 has no proof because it never happened


by the way, member 2 was TOLD that member 1 had sent an email to someone slating member 2, member 2 never saw this email because it never existed

Re: internet name calling - libel?
 

Re: internet name calling - libel?
 

What's with all the member 1 and person 2? Name some names and we can find out if it gets to court ;)

Re: internet name calling - libel?
 

Well I could name names but it wouldn't mean anything to you because they aren't AccyWebbers in the case I was referring to. One was called Keith and one was called Jane. ;)

Re: internet name calling - libel?
 

it would depend i suppose if they had done what was being said - if the person member 1 is stating facts - no matter how shaming those facts are - it isnt libel - however if it isnt true and it is defamatory to their character then then may have a case - it is pretty hard to get a solicitor to take on a cse like this - and the costs are pretty steep - believe me even when you have a solid case - it costs a fortune and many people just learn to believe in karma it is the poormans legal best friend lol

Re: internet name calling - libel?
 

erm this seems like a good quiz game,,,i will go and make myself a brew...:alright:

Re: internet name calling - libel?
 

pmsl :yelrotflm

Re: internet name calling - libel?
 

If someone libels you in print and that includes the Internet you can sue. Whether you do or not will depend on two factors.

1. How damaging was the libel.
2. The cost of doing so and whether the libeller has any assets.

1.Simple name calling wouldn’t generate a libel case unless it defamed your good character sufficiently to affect your well being.
2. There is little point in suing someone if they have no assets.

It is the same if someone slanders you.

Re: internet name calling - libel?
 

If i said something libel(ous??) about you, where would you get my details to sue me?

Re: internet name calling - libel?
 

Thats a good point I've often thought that some of the comments on some of the threads could be libelous and the fact that they are under the annonimity of a sign name they may be difficult to substantiate

For instance if we ask for members feedback on a particular shop or restaurant etc what is to prevent a competitor posting comments on the thread to bad mouth the opposition. Im sure that the vast majority of comments are members individual honest opinions however bad reputations can soon be made by the views expressed on websites

Re: internet name calling - libel?
 

If you said something that implies that you spoke it and that is slander.

It is libel for the written word.

So to answer your question if you posted something libellous about me on this forum my solicitor could get a court order to force the forum owner to reveal whatever details there are about you. One such detail would be your IP address so another court order could be obtained to force the ISP to reveal your name and address that you used when you first registered with the ISP. If you had changed addresses since then my solicitor could look in the current Electoral list to find out where you live now.

If you paid your ISP charges by Direct Debit, or Credit or Debit Card or even cheque further court orders would force the bank to reveal your present whereabouts. OK so you got a partner to make the payments. Then a court order could be obtained to force the partner to reveal your current address.

Re: internet name calling - libel?
 

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

:D

Re: internet name calling - libel?
 

Re: internet name calling - libel?
 

Re: internet name calling - libel?
 

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

Re: internet name calling - libel?
 

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.

Re: internet name calling - libel?
 

Re: internet name calling - libel?
 

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

Re: internet name calling - libel?
 

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

Re: internet name calling - libel?
 

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!

Re: internet name calling - libel?
 

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?

Re: internet name calling - libel?
 

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!...:)

Re: internet name calling - libel?
 

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?

Re: internet name calling - libel?
 

Re: internet name calling - libel?
 

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

Re: internet name calling - libel?
 

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!