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Acker79

Well-known member
NSC Patron
Nov 15, 2008
31,921
Brighton
I was wondering earlier if the recent trend of libel threats toward NSC is playing a part in my lack of Albion mojo at the moment.
 




Gwylan

Well-known member
Jul 5, 2003
31,836
Uffern
I'm clear on a libelous "John Doe has a very small pen1s" kind of statement if I cannot prove the size of said member" but I'd appreciate sight of the offending passage in this incident to help me [all of us?] see exactly how the line has been crossed. And would it be acceptable to say "It is alleged that John Doe has a very small pen1s" or is this no better?


This is one of the great misconceptions of libel. Using "allegedly" is no defence - it's a joke on HIGNFY but lawyers watch that show carefully
As the person responsible for the potentially libellous comment, I would have no problem with this. I don't personally believe it was libellous, I was just stating my opinion about someone in the club, but for whatever reason someone took exception and contacted Bozza who then rightly took action.

I think the whole situation could have been avoided if I began the sentence with "in my opinion"


That depends. There is a defence of fair comment but if you say "Joe Bloggs is a crook in my opinion", you're on dodgy ground. But you can say "Francois Dupont is meant to be one of the best cooks in the world, but in my opinion, he's little better than a greasy spoon burger flipper" - that clearly is a matter of opinion UNLESS, it could be proved that you acting maliciously ie you ran a rival restaurant,or he'd shagged your girlfriend or something.

The other danger for Bozza and all NSC users is that, thanks to a ruling earlier this month, taking a libellous comment down as it's been noticed is no longer a defence. I'm looking for the ruling (which is being appealed) but it was a scary one
 






Twinkle Toes

Growing old disgracefully
Apr 4, 2008
11,138
Hoveside
As the person responsible for the potentially libellous comment, I would have no problem with this. I don't personally believe it was libellous, I was just stating my opinion about someone in the club, but for whatever reason someone took exception and contacted Bozza who then rightly took action.

I think the whole situation could have been avoided if I began the sentence with "in my opinion"

Unfortunately I don't think it would make any difference. By publically stating (i.e. posting on an interweb forum) anything which could be construed as defaming a person or persons, both the poster & the site owner could end up in court on a Libel charge if the 'defamed' individual wishes to go down that particular path. So just be dangerous - coz it's careful out there. Or something.
 


El Presidente

The ONLY Gay in Brighton
Helpful Moderator
Jul 5, 2003
40,017
Pattknull med Haksprut
So you clearly knew the content was a bit iffy.



Hmmmmmmm. Didn't you claim it was from a creditable source?

RI is VERY knowledgeable. I was as skeptical as you to begin with, but they regularly deliver. You should see what they say about Zaha!
 






drew

Drew
NSC Patron
Oct 3, 2006
23,632
Burgess Hill
Unfortunately I don't think it would make any difference. By publically stating (i.e. posting on an interweb forum) anything which could be construed as defaming a person or persons, both the poster & the site owner could end up in court on a Libel charge if the 'defamed' individual wishes to go down that particular path. So just be dangerous - coz it's careful out there. Or something.

This. If someone perceives that they have been defamed, whether or not that is true, and issues proceedings, then you can't stick your head in the sand and do nothing. You still have to defend yourself together with the costs that entails.
 


Uncle Spielberg

Well-known member
Jul 6, 2003
43,098
Lancing
I don't know how Bozza does this, really I don't. He has my full respect and always has done. It seems the club are quite heavy handed now.
 






The thing about an accusation of libel is that is rarely ends up in court. It's often used as a clever way to suppress an opinion that the "victim" of that opinion doesn't happen to like.

Or should I say misused?

Either way, it's tedious to have to deal with such an accusation. Bozza has my sympathy.
 


piersa

Well-known member
Apr 17, 2011
3,155
London
Start every post with, allegedly.
 






piersa

Well-known member
Apr 17, 2011
3,155
London


Gwylan

Well-known member
Jul 5, 2003
31,836
Uffern
The thing about an accusation of libel is that is rarely ends up in court. It's often used as a clever way to suppress an opinion that the "victim" of that opinion doesn't happen to like.

That's right. I've been sued for libel twice and came close to it twice more - none of the cases ended up in court. I'd guess 99% of libel threats stay out of the court rooms
 


El Presidente

The ONLY Gay in Brighton
Helpful Moderator
Jul 5, 2003
40,017
Pattknull med Haksprut
That's right. I've been sued for libel twice and came close to it twice more - none of the cases ended up in court. I'd guess 99% of libel threats stay out of the court rooms

Did it involve RED SHOES Max?
 








El Presidente

The ONLY Gay in Brighton
Helpful Moderator
Jul 5, 2003
40,017
Pattknull med Haksprut
This case concerning comments made on an Estonian news site that has just gone through the European Court of Human Rights might have some serious repercussions:

Case Law, Strasbourg: Delfi AS v Estonia: Court Strikes Serious Blow to Free Speech Online

Interesting to note that the Daily Mail, which has campaigned vigorously against the EU Human Rights Act, is applying to have the Leveson recommendations prevented from being enacted in UK legislation, by claiming that it's Human Rights are being eroded. Dacre a shameless hypocrite? Never of course!
 


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