Just a note on the Law of Defamation which may be relevant to our bros here who r regularly posting their thoughts on their favourite topics :
For an unhappy party to be able to succeed in suing a bro for posting a defamatory statement in this forum, the unhappy party must prove the following,
1. prove that the statement has been made (which is easy in our case);
2. prove that the statement has been published, i.e. circulated to other parties (which is easy in our case);
3. prove that the statement is defamatory in that 3rd party reading it will have a lowered opinion of the unhappy party's person, company or product. In this case, the court will use the mindset of a reasonable man on the street to come to a conclusion.
Once the above are proven, the unhappy party will have, in legal jargon, a prima facie case, against the writer of that statement.
The only way the writer can defend himself is to prove that the statement is NOT defamatory or that the contents of the statement is true.
Assuming that the statement is indeed defamatory, the safest way for you, as a writer, to judge whether the contents of a statement can be said to be true is,
1. you refer to a Judgement made by a court of law that made a finding on the character of that person, company or product; or
2. you refer to a signed Statement of confession or admission from the unhappy party about his own person, company or product.
Notice how difficult it is and how careful u must be?
Please note that repeating a defamatory statement is also a form of circulation and publication. Therefore, merely linking to another forum or site containing the defamatory statements may be said to be publication of a defamatory statement.
Try to avoid using words like "sham", "dishonest"; "lousy"; "bad deal" unless these words are contained in a judgement of a court or an admission/confession of the party you are referring to.
Note: The above-mentioned came from a lawyer.
Law on Defamation
Started by Acura, Nov 17 2005 09:30 AM
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Posted 17 November 2005 - 09:30 AM
Austin the Westie: "Dun call me cutie, I'll bite u if I hv to....... Grrrr!!!"
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