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Goldstone1976

We Got Calde in!!
Helpful Moderator
NSC Patron
Apr 30, 2013
14,124
Herts
If you throw in the word "allegedly" I thought you were pretty much on safe ground, against any recriminations???

Nope; afraid not... Otherwise the tabloids would be full of stories like "Celebrity Y is a paedophile, allegedly"...
 








StonehamPark

#Brighton-Nil
Oct 30, 2010
10,133
BC, Canada
Is it just me or is everyone getting this weird new homepage?

Добро пожаловать в северо чате стенда

nsc.jpg
 




Man of Harveys

Well-known member
Jul 9, 2003
18,877
Brighton, UK
Is this about Barber?

No, absolutely not. I assumed it's about chief execs of football clubs that lean on local media outlets and message boards in order to get more favourable coverage. Completely different.
 
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Goldstone1976

We Got Calde in!!
Helpful Moderator
NSC Patron
Apr 30, 2013
14,124
Herts
In a case brought by someone claiming that they have been libelled, the burden of proof lies with the person who has written the allegedly libellous thing. So, if you accuse an employee of the club of being a liar, for example, you have to prove either that calling someone a liar doesn't diminish their reputation, or that they are indeed a liar.

Remember too that innuendo is sufficient to libel someone. If in doubt read the stuff about Sally Bercow and Lord McAlpine. He sued - and won.

It is however true that you cannot libel the dead. Though, you can still be extremely tasteless of course.
 


Brovion

In my defence, I was left unsupervised.
NSC Patron
Jul 6, 2003
19,867
If you throw in the word "allegedly" I thought you were pretty much on safe ground, against any recriminations???
No, it's not some magic get out of jail free card. Lord McAlpine was able to sue people for simply saying "Why is Lord McAlpine trending :innocent face:" Saying, "Lord McAlpine is allegedly a paedophile" wouldn't have saved them, nor Mustapha, would saying "In my opinion Lord McAlpine is a paedophile".
 


Pinkie Brown

Wir Sind das Volk
Sep 5, 2007
3,637
Neues Zeitalter DDR 🇩🇪
They won't take legal action over fans expressing their views. What they can do, is take legal action over fans writing things that are false, and libellous. This is nothing new- Gull's Eye anyone?

No forgetting of course, Bellotti's botched up pigs ear of an attempt to sue Roy Chuter and others back in 1996. Were the club to use lawyers who were as sloppy with detail as back then, any plaintiffs would have little to worry about........
 




Commander

Arrogant Prat
NSC Patron
Apr 28, 2004
13,561
London
But there is a fine line between stating an opinion about someone and saying something libellous. I once described someone involved at the club as a "corporate liar" which resulted in NSC closing for a couple of hours and a bollocking from Bozza. Obviously I respect NSC so won't be so forward with my opinions again, but libellous - really?

What do you think the club would do if Naylot wrote that in an article in the Argus? You writing it on NSC is no different. That's what people seem to forget.
 


Lifelong Supporter

Well-known member
Aug 4, 2009
2,104
Burgess Hill
No forgetting of course, Bellotti's botched up pigs ear of an attempt to sue Roy Chuter and others back in 1996. Were the club to use lawyers who were as sloppy with detail as back then, any plaintiffs would have little to worry about........

I rather do think though the club's lawyers would be more up to the mark these days. Perhaps we should ask Gus how he found them !
 


Man of Harveys

Well-known member
Jul 9, 2003
18,877
Brighton, UK
What do you think the club would do if Naylot wrote that in an article in the Argus? You writing it on NSC is no different. That's what people seem to forget.

Of course, one of the main defences of being accused of libel is the truth. If you could demonstrate that someone had at times lied in a corporate context, there'd be no case for libel.
 




bristolseagull

Well-known member
Jul 5, 2003
5,554
Lindfield
Libel - 1) n. to publish in print ............. an untruth about another which will do harm to that person or his/her reputation: so calling a businessman a "corporate liar" would fall within that.

unless he was a liar, in which case the defence of justification is available.
 


symyjym

Banned
Nov 2, 2009
13,138
Brighton / Hove actually
Another day of Barber failing to sign players, it is clear that he lied on his CV and makes him a crook on many levels.

Disclaimer:- "This may only be an exagerated flippant off the cuff opinion from myself, it may not be fact, and may not represent the views of any other poster or organisation".

Is this ok :shrug:
 


Shropshire Seagull

Well-known member
Nov 5, 2004
8,790
Telford
For those in the know, question: is the onus on the writer to prove the fact or the target to disprove?

eg If I say Mr X is a w anker do I have to find the evidence that he is, or must he prove he isn't?
I think its the former, based on the innocent until proven guilty philosophy. Am I correct?
 






El Presidente

The ONLY Gay in Brighton
Helpful Moderator
Jul 5, 2003
40,008
Pattknull med Haksprut
Bit of an unnecessary and heavy-handed 'warning' then??

It's more of a legal issue. As an employer, the club have a duty of care to their employees. If they are seen to ignore a defamatory comment (and that's not preventing someone from saying that Kemy is Uncle Sam's most regular customer) then they could be sued by the employee.

A sense of proportionality is required, some of the more extreme stuff posted is in breach of the law, and therefore carries a risk. If you are not sure of the difference, don't post it.
 


El Presidente

The ONLY Gay in Brighton
Helpful Moderator
Jul 5, 2003
40,008
Pattknull med Haksprut
But there is a fine line between stating an opinion about someone and saying something libellous. I once described someone involved at the club as a "corporate liar" which resulted in NSC closing for a couple of hours and a bollocking from Bozza. Obviously I respect NSC so won't be so forward with my opinions again, but libellous - really?

But it was potentially libelous as it potentially could impact upon that individual's future job prospects.

Would you be prepared to go to court over the issue?
 


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