internet name calling - libel?

mani

mani

Nori Brick
Tackler
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?
 
: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 :(
 
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
 
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I remember something similar a few years ago. Person 1 and Person 2 were admins of separate message boards. Person 1 posted on Person 2's board but then Person 2 fell out with Person 1. Person 2 edited Person 1's posts on his board to make it look like Person 1 had posted offensive things about him. He then tried to sue Person 1! Nothing came of it.

There was another very involved and complicated affair involving IMs which someone had copied which were supposed to show one person saying offensive things about another but they were dismissed as possible evidence of libel because the person who copied them could have edited or amended them.

So, I don't know that I'd hold out much hope.
 
What's with all the member 1 and person 2? Name some names and we can find out if it gets to court ;)
 
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. ;)
 
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
 
mani said:
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?
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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.
 
If i said something libel(ous??) about you, where would you get my details to sue me?
 
emamum23 said:
If i said something libel(ous??) about you, where would you get my details to sue me?
Click to expand...


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
 
emamum23 said:
If i said something libel(ous??) about you, where would you get my details to sue me?
Click to expand...
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.
 
hedman2003 said:
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
Click to expand...

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

:D
 
Unless you have squillions of pounds to fritter away the decision as to whether to sue someone for libel or slander or not rests mainly on whether the libeller or slanderer has enough assets to cover your costs. And of course the strength of your evidence and notwithstanding what harm the libel or slander has done to you.
 
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.
 
garinda said:
I take it you weren't sued by buy-the-house, for posting your feedback on their services, here on Accy Web?

:D
Click to expand...

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
 
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.
 
Like I said complex and confusing laws. Forgot about the cost of it as you would usually have to start in a Civil Court :)
 
If you could sue for name calling on an internet forum some people on here would never be out of court :D
 
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