Libel

[X-mo-1979]

For a website that many people post on,I'm surprised we don't see more of this happening here.I recently just found out what Libel is,by a person threatening to charge me if I didn't take down a statement mentioning him by name.He stated that using his real name (which was by accident as he did on another forum..where he used BOTH his "nickname followed by his real name as his login.)

Having remembered back to uni courses I had taken I did use the words "It seems.."Which would imply my opinion,as well as what I saw as fact.And therefore I was not stating that he was taking it off topic...it just "seemed" that way.

Basically it was a post from a news letter as the topic heading.I precieved him to have taken the topic off topic...I was mistaken.

He has fired me off a email warning me that he will sue for Libel,and for me to take the comment down.I took the comment down as I don't feel like being in court.

In no way was foul language used etc.He was suing for me using his realname (I dont know the person)in context with a false statement.

What do you guys think?
Any other Libel stories out there?

 

[X-mo-1979]

Please keep in mind.I am not taking it serious as he is some random old guy on the internet trying to be a bully IMHO.

 

[ajp]

I commented to a friend once on my opinion of an individual.  Turns out he was in the room with the friend and they were baiting me.  My last comment (all on line email statements) was exceptional, but my opinion expressed to her.  He followed up with a harassment suit (was dropped as it was outside the worlkplace) and numerous threats.  I stood by my guns and did not issue the demanded public appology.  Acknowledging the issue would have set up a chain reaction of other issues I am sure. 

 

[Occam]

I've been told that the information at http://www.duhaime.org/LegalResources/TortPersonalInjury/LawArticle-76/Defamation.aspx is accurate with regard to Canadian law.

A lawyer once confirmed for me that the "special defences" are accurate and if one adheres to the principles, one should never run afoul of a lawsuit.

The other thing the lawyer informed me was the aspect of cost.  Even if there is a valid complaint, a defamation lawsuit is not cheap (>$3000 for starters), and that's why you only tend to see lawsuits initiated by people with deep pockets.  A defamation suit is never considered on a contingency fee basis - nothing happens until the retainer is paid to the lawyer.

 

[George Wallace]

I would like to comment on this one phase

I..........  He followed up with a harassment suit (was dropped as it was outside the worlkplace) .........

You were very lucky.  In the Harassment Prevention and Resolution Guidelines, the definition of "workplace" is:

Workplace includes the physical work location and the greater work environment such as work-related functions
and other activities where work relationships exist.

This covers areas outside of the "physical workplace", and would cover any location where persons from that "work environment" may gather.  This may include such things as two supervisors (any rank) in the Mess discussing the attributes of subordinates.

 

[X-mo-1979]

I'm actually really surprised on this site that no one has been charged on a daily basis.I couldnt believe what he was saying first...until I looked into libel law in reference to the internet.This guy was trying to assert himself as he wanted to be the only voice heard on a topic.

heres a example of what he/she sent with all personal info taken off.

Dear Sir; In your comment ***(timedate) You stated
> "You seem to have taken (name )message off course by asking what should
> be ..." This is an untrue and potentially libellous remark.

So telling a guy that he (SEEMED) took a message off topic he started sending me Libel stuff.

 

[OpieRWestmrR]

Basically you libel someone if you publish (in writing) a false claim that harms their reputation. Your claim has to be published to at least one third party. The exact letter of the law varies somewhat between jurisdictions.

Occam is exactly right: the biggest threat is engaging the legal process at all. Don't write any more in public about what happened. You could be making the problem far worse if it's possible to identify the person you're talking about.

When you challenge an argument, or contend a person has taken a topic off-thread, that is NOT libel. The mistake of mis-attributing a quote to that person would be libellous if it was proved you damaged the person's reputation.

Judging from the information you provided - if I understand it right - the threat seems petty and intimidatory.

 

[X-mo-1979]

Basically you libel someone if you publish (in writing) a false claim that harms their reputation. Your claim has to be published to at least one third party. The exact letter of the law varies somewhat between jurisdictions.

Occam is exactly right: the biggest threat is engaging the legal process at all. Don't write any more in public about what happened. You could be making the problem far worse if it's possible to identify the person you're talking about.

When you challenge an argument, or contend a person has taken a topic off-thread, that is NOT libel. The mistake of mis-attributing a quote to that person would be libellous if it was proved you damaged the person's reputation.

Judging from the information you provided - if I understand it right - the threat seems petty and intimidatory.

yeah its a random hobby board off in the internet world.It's a moderated board much like this one as well.I has misunderstood that it wasnt him bringing the message off topic.instead of just posting that I received the Libel email etc.
the MOD's there basically told him to get bent.
I brought it up cause I am really surprised it hasnt been much larger here.I mean calling a political figure a communist (which I dont disagree with!) could land someone in deep water.

I have never heard of Libel before,and I hope posters take the time to look into it.


Good link Occam.thanks for the info!