JohnWarren -> RE: Need a Report Crap Button (5/9/2006 2:05:55 PM)
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ORIGINAL: BitaTruble quote:
How much bashing does collarme allow before they put a stop to it? Is slander not something that can be prosecuted anymore? The written form is libel and libel and slander can both be prosecuted. If the person committing libel/slander can prove the statements are true, they will not be found guilty of committing libel/slander since the statements written/verbal have to be false for libel/slander to have occurred. If the statements are true.. that's just gossip and one can choose to listen or ignore gossip at their own discretion. Celeste Sorry, neither can be prosecuted because, unless you are talking about seditious libel, neither is a crime. They are torts which means the injured party may bring suit against the libeler or slanderer. In libel, three things need to be proven in order for the suit to be successful. That the libel was published which is generally a given, but would not be the case if it were in an email addressed only to the person being libeled. That the person being libeled was identified, which probably means being named with something other than a screen name. And, finally, that the material was defamatory. This means it's got to be really bad. For example, calling someone gay has been held no longer to be defamatory. Truth is a defence against damages only in some jurisdictions. For example, in English law until recently, the rule was "the greater the truth, the greater the libel.
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