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Reminder about Libel etc (7 Viewers)

  • Thread starter Nick
  • Start date Mar 27, 2013
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SkyblueBazza

Well-Known Member
  • Mar 27, 2013
  • #36
dongonzalos said:
You privately send me loads of threatening abuse over the Thorn matter and pretend to everyone else that you are a mellow fellow
Click to expand...

Keyword: In Private...that's no libellous
 
B

Big_Ben

Well-Known Member
  • Mar 27, 2013
  • #37
SkyblueBazza said:
Keyword: In Private...that's no libellous
Click to expand...

I think that you'll find that if it's in writing (or print as in e-mail), and it's not factually correct, even in a private message that is made public, and insult is caused or taken, in law that's libel.
 

ajsccfc

Well-Known Member
  • Mar 27, 2013
  • #38
LoyalSupporters said:
Everyone is allowed there own opinion so let them say what they feel and don't be so corrupt
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Ignoring the odd use of the word corrupt, it can't be said enough that 'opinion' is no actual defence or justification for being able to say anything you want. See also: 'banter'.
 

ccfcway

Well-Known Member
  • Mar 28, 2013
  • #39
Can I say scunthorpe
 
C

cashless

New Member
  • Mar 28, 2013
  • #40
If you were to suggest a certain local media personality was a pompous, know it all , self righteous twat...would there be a problem with that?
 

Skyblueloyal

Active Member
  • Mar 28, 2013
  • #41
Nick said:
Just a gentle reminder, could you think before you post personal insults, accusations and everything else against other members, organisations and individuals.

People DO read these forums so can see what you put and it possibly could come back to haunt you with legal action so just to save any hassle could you think before you post or if you see something a bit borderline could you report it so we can deal with it?

Thanks
Click to expand...

If anyone from Sisu is reading this then I have more money than you. FACT !
 

Nick

Administrator
  • Mar 28, 2013
  • #42
In which case you need to prove it and show bank balances
 

GaryPendrysEyes

Well-Known Member
  • Mar 31, 2013
  • #43
Big_Ben said:
I think that you'll find that if it's in writing (or print as in e-mail), and it's not factually correct, even in a private message that is made public, and insult is caused or taken, in law that's libel.
Click to expand...
If its private and not published then its not libel. If its a private message made public, it would be whoever made it public liable not the author.
 
D

dongonzalos

Well-Known Member
  • Mar 31, 2013
  • #44
GaryPendrysEyes said:
If its private and not published then its not libel. If its a private message made public, it would be whoever made it public liable not the author.
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Nick told me in private if I continue to support Andy Thorn he will ban me from the site, burn down my garden shed and steal my Easter Eggs.

So if I keep this to myself he is ok but if I send it to the guardian he is screwed?
 

GaryPendrysEyes

Well-Known Member
  • Mar 31, 2013
  • #45
Haha if you sent it to the guardian you would be screwed, not him... That Nick is a cad though....:0)
 

Nick

Administrator
  • Mar 31, 2013
  • #46
dongonzalos said:
Nick told me in private if I continue to support Andy Thorn he will ban me from the site, burn down my garden shed and steal my Easter Eggs.
Click to expand...

That goes for all of you, sleep with your eyes open!!!
 

James Smith

Well-Known Member
  • Mar 31, 2013
  • #47
Nick said:
That goes for all of you, sleep with your eyes open!!!
Click to expand...

What's yes Libel, Australian for Price Tag.
 
E

elephanttears

New Member
  • Apr 1, 2013
  • #48
Nick, you removed my post saying "was it ok if i called Tim Fisher a homos*****", i was actually implying he was a homosapien
 
B

Big_Ben

Well-Known Member
  • Apr 1, 2013
  • #49
GaryPendrysEyes said:
If its private and not published then its not libel. If its a private message made public, it would be whoever made it public liable not the author.
Click to expand...

Not so - It's still the writer that's libellous. The person that revealed the libellous material will probably get called something else!!
 

shmmeee

Well-Known Member
  • Apr 29, 2013
  • #50
Nick said:
They can say their opinion, not accusations and personal remarks without being able to prove them
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Not quite: http://www.urban75.org/info/libel.html

Seems like a lot of what people say comes under "fair comment"
 

Nonleagueherewecome

Well-Known Member
  • Apr 29, 2013
  • #51
elephanttears said:
Nick, you removed my post saying "was it ok if i called Tim Fisher a homos*****", i was actually implying he was a homosapien
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I refute this unfounded allegation.
 

James Smith

Well-Known Member
  • May 4, 2013
  • #52
shmmeee said:
Not quite: http://www.urban75.org/info/libel.html

Seems like a lot of what people say comes under "fair comment"
Click to expand...

Be careful about what you think comes under fair comment as the Sunday Times and Julie Burchill found out in comments it made about the actor Steven Berkof.

http://mavrkydefamationcaselaw.blogspot.fr/2007/01/berkoff-v-burchill.html
 

FootyLawBlog

New Member
  • Jun 20, 2013
  • #53
Nonleagueherewecome said:
And seriously-has anyone aver been successfully sued for libel based on what they've said on an internet forum? Really?
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Yes: quite a few people have been sued for defamation over things posted on the internet; and not just the people posting the libelous messages, but also the operator of the message board/web site and the internet company owning or hosting the server the site is based on.

Contrary to popular opinion, the Internet is not a law-free zone.

For the most high profile recent example take a look at McApline v Bercow [2013] EWHC 1342 (QB) where the High Court ruled that a Tweet stating simply: "Why is Lord McAlpine trending? *Innocent face*" was defamatory.
 

FootyLawBlog

New Member
  • Jun 20, 2013
  • #54
Big_Ben said:
Not so - It's still the writer that's libellous. The person that revealed the libellous material will probably get called something else!!
Click to expand...


This is wrong (as are the preceding two messages).

If it is private and not published it isn't a message. A person is entitled to his own thoughts and can put what he wants in writing - so long as he doesn't show or sent it to anybody. But as soon as he does send it to another person, then it is published.

If the message is defamatory the person who sent it can be sued even though the message only went to one person (but how does the person defamed know about the existence of such a defamatory statement in such circumstances?)

If the person who received the defamatory message then sent it to other people, he too is guilty of defamation through dissemination.

If a newspaper prints something defamatory, it was quite common for those defamed to sue not only the newspaper, but also the journalist and editor, the printers, the wholesalers and even newsagents. The people lower down the dissemination chain would have indemnity clauses written into the contracts with those higher up so that, if necessary, they could settle the claim and receive a refund from the publishers. Lawyers tend not to do this now - presumably because of the developing defence of innocent dissemination - and also because it could be seen as abusive; it doesn't deal with the real injustice nor guarantee a printed retraction or apology.

Big Ben said that it is libel if "insult is caused or taken". Defamation has nothing to do with insult (a criminal matter covered by the Public Order Act and in the domain of the police rather than a civil matter pursued by the insulted).

Defamation is the publication of an untrue statement about a person that tends to:
  • expose the person to hatred, ridicule or contempt;
  • cause the person to be shunned or avoided;
  • lower the person in the estimation of right-thinking members of society generally; or
  • disparage the person in his/her business, trade, office or profession.

Going back to the single message - if the government was thinking of extending the West Coast Mainline franchise, and I sent a message to the Transport Secretary with some juicy but false information about Richard Branson, and the Transport Secretary blocked the extension, then I have defamed Branson. Nobody else need see the message other than the one person I sent it to.
 

dilligaf

New Member
  • Jul 1, 2013
  • #55
Anyone can sue me they can have 99.9% or even 100% of what i have.
I'll still have 100% of nothing and so will they
 

Nick

Administrator
  • Jul 10, 2013
  • #56
Another reminder not to get too carried away when posting, I'll be trying to find somebody to help out with moderating to try and keep on top of things and get a bit of structure / order in the court!
 

Sky Blue Pete

Well-Known Member
  • Jul 10, 2013
  • #57
Nick said:
Another reminder not to get too carried away when posting, I'll be trying to find somebody to help out with moderating to try and keep on top of things and get a bit of structure / order in the court!
Click to expand...
Thanks for all the work you do do on here-much appreciated
 

Nick

Administrator
  • Dec 6, 2013
  • #58
Another reminder that if police or lawyers come knocking then I may be forced to give out personal info, so think before posting...
 

ccfcway

Well-Known Member
  • Dec 6, 2013
  • #59
Nick said:
Another reminder that if police or lawyers come knocking then I may be forced to give out personal info, so think before posting...
Click to expand...

like a photo of our owner ?
 

jimmyhillsfanclub

Well-Known Member
  • Jan 5, 2014
  • #60
I assume all the shouty nopm brigade will be boycotting this match...
 

jimmyhillsfanclub

Well-Known Member
  • Jan 5, 2014
  • #61
Stupid fucking phone made me post on wrong thread.. doh
 
S

SkyblueBazza

Well-Known Member
  • Jan 5, 2014
  • #62
jimmyhillsfanclub said:
Stupid fucking phone made me post on wrong thread.. doh
Click to expand...

Tbh...it's snide so perhaps avoid posting it anywhere else either - whether you are NOPM or not. For the record I shall not go...but to be fair, even if no CCFC fans went - it's still a bumper pay-day for SISU unfortunately.
 
S

savosdad

Banned
  • Jan 15, 2014
  • #63
ccfcway said:
Can I say scunthorpe
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yes you can say scunthorpe but dont mention the c**t
 

shmmeee

Well-Known Member
  • Jan 15, 2014
  • #64
James Smith said:
Be careful about what you think comes under fair comment as the Sunday Times and Julie Burchill found out in comments it made about the actor Steven Berkof.

http://mavrkydefamationcaselaw.blogspot.fr/2007/01/berkoff-v-burchill.html
Click to expand...

I know this is like 5 months late, but I never go in this thread.

I refuse to accept that a poster on a message board and the Sunday Times are equivalent. And if the law sees them as such then the law is an ass. From what I've seen, most sensible judges agree.
 

James Smith

Well-Known Member
  • Jan 16, 2014
  • #65
shmmeee said:
I know this is like 5 months late, but I never go in this thread.

I refuse to accept that a poster on a message board and the Sunday Times are equivalent. And if the law sees them as such then the law is an ass. From what I've seen, most sensible judges agree.
Click to expand...

Actually there have been changes to the law recently and websites like this one are now slightly better protected.
 
D

dongonzalos

Well-Known Member
  • Apr 29, 2014
  • #66
I think I am right if you know something is correct and is fact you will not face libel on here
 

chiefdave

Well-Known Member
  • Apr 29, 2014
  • #67
dongonzalos said:
I think I am right if you know something is correct and is fact you will not face libel on here
Click to expand...

You may have to go to court to prove you are right and / or the other side prove you are wrong but generally if you're telling the truth there's not a lot anyone can do other than try and bully you into a retraction (see SISU and the Guardian).
 

Nick

Administrator
  • Apr 29, 2014
  • #68
dongonzalos said:
I think I am right if you know something is correct and is fact you will not face libel on here
Click to expand...

You need to be able to prove you are right
 
D

dongonzalos

Well-Known Member
  • Apr 29, 2014
  • #69
Nick said:
You need to be able to prove you are right
Click to expand...

Yes in hypothetical situation if a person had heard it from the horses mouth as oppose to their cousin. They would be on safe grounds. If the horse didn't want it out there it should not have turned into the famous Mr Ed?
 
D

dongonzalos

Well-Known Member
  • Apr 29, 2014
  • #70
chiefdave said:
You may have to go to court to prove you are right and / or the other side prove you are wrong but generally if you're telling the truth there's not a lot anyone can do other than try and bully you into a retraction (see SISU and the Guardian).
Click to expand...

Yes that's what I thought.
 
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