Re: "how to" guide to internet libel and anonymous opponents.


"sharky" <bill@xxxxxxxxxxx> wrote in message
news:3lu9gdF14gbieU1@xxxxxxxxxxxxxxxxx
>
> You missed out on a third critical point and hashed up the first two:
>
> "Defamation protects reputation, no more. Words are defamatory if they
> tend to reduce the reputation of the claimant in the minds of right
> thinking members of the public. Words are frequently both defamatory and
> true.
>
> A claimant must show that :
>
> 1. Defamatory words (in the relevant and particular context)
> 2. were published (i.e. somebody other than the claimant and the
> defendant saw the words, and
> 3. they caused damage to reputation. The claimant must have a
> reputation which can be damaged. This can limit claims by companies,
> larger groups, and public authorities in different ways. Sometimes
> private individuals can have no reputation capable of protection - which
> is why newspapers can have a field day against somebody who has been
> convicted of any serious offence."
>
> from http://www.swarb.co.uk/lawb/defGeneral.shtml
>
>
> The critical point you missed being that you must HAVE a reputation
> capable of being damaged ie a convicted burglar cannot complain about
> being called one.
>
> If you have a poor reputation amongst your peers already, then your
> reputation cannot be damaged much further, and the amount of damages
> will be correspondingly reduced should you win.
>
>
>
> The other point where you need to be very careful is limitation of losses.
> In Civil cases the claimant is obliged to take due care to limit the
> losses incurred, excessive costs will be denied.
> For example, if you have a car crash caused by someone else and hire a
> car, keeping it longer than necessary or hiring a Rolls instead of a
> similar model to your original car will result in the overspend being
> denied from your claim.
>
> In the Bunt vs Others case here I would suggest that that Mr. Bunt would
> have limited his losses by sueing immediately after the first alleged
> defamation, and then keeping quiet.
> By engaging in repeated dialogue with his foes, he has stirred the
> hornets nest unecesarily and contributed to his own woes.
> I would liken it to someone being punched once by a assailant and then
> rather than calling the police, goading the assailant into punching them
> again and again in the hope they can get the assailant charged with a
> more severe assault.
>
>
> A last point, the Jury usually decides the value of damages if any, and
> they are 'normal' men and women, they are just as likely to set a token
> amount of a £1 as the excessive amounts seen in hig profile case.

Agreed on all counts. A much better "What to expect" guide to internet libel
and anonymous opponents, rather than the "Hope to" guide of the OP.


.

Relevant Pages

  • Re: Andrew Taylor
    ... By publishing these entirely unfounded, utterly false, and completely ... reputation of a good man, but also the reputation of the new owners of ... of an injunction with penal notice attached. ... it is utterly false and defamatory of Mr Taylor. ...
    (uk.local.southwest)
  • Re: Kathleens crack addiction
    ... I'm NOT saying that this statement is necessarily defamatory. ... Defamation actions are based upon damage to reputation within the ... Damages are a necessary element of the action, ...
    (sci.med.diseases.lyme)
  • Re: The Genetics of the British
    ... Which Demon lost... ... customers posted which might be taken as defamatory. ... tends to diminish a person's reputation. ...
    (uk.business.agriculture)
  • Re: Clothesfree petition ends on the 28th....
    ... If you were really going to do anything about your hurt feeling that you reckon Mr Heenan has defamed you would probably know that his remark wasn't slanderous at all. ... The difference between libel and slander is one that confuses many people that babble about it, especially those that have never done anything about protecting their reputation apart from bluster. ... Once you have decided that your reputation has been soooooooo dented that you want to claim damages you will need to convince a jury that your reputation was ...
    (uk.rec.naturist)
  • Re: Kathleens crack addiction
    ... Defamation actions are based upon damage to reputation within the ... Kathleen defames, probably, at least a dozen or so every day. ... Damages are a necessary element of the action, ...
    (sci.med.diseases.lyme)
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