public defamation
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Hi Lettershometoyou!
Honestly, do you really think he’s out here in the forum without knowing that ‘defamation’ can be linked to ‘finding lawyers’? :)
Besides, it’s reality that many bloggers are not readily wanting to get lawyers. Whether online cases are valid or not, who really want to go to court for blogging? Usually, people blog, and get free host, just to blog for blogging’s sake. Many won’t pay the host, how many want to pay lawyers? :D
No offence, just my personal take on this one.
Scope.
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How do I know what he thinks or really wants to do? The member asks a question, I respond with a credible answer, which is that if he’s serious about getting good advice and resolving this issue the best he can, he’ll have to either pay for a lawyer or find one who’s willing to do it pro bono.
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The OP didn’t come to ask for “views.” The OP came to ask if he or she has legal action. I would go to court if I were defamed or libeled in any forum. It’s NOT the same as “going to court over blogging.” If a reputation is harmed over untrue statement made as if they were true, a person can and should go to court.
Of course people are allowed to say, “In my opinion, this person is a jerk.” and that is not actionable but if you say John Jones is a child molester and John Jones is NOT a child molester, it’s libel. On the other hand if John Jones has been convicted of molesting a child then truth is a complete defense. No one is saying that love can be ordered. But defamation and libel are actionable. There is a world of difference there.
OP: seek legal advice from a lawyer if you think you have been defamed or libeled.
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“A tort cannot be valid when there is no valid mens rea.”
Scopettg: where do you get this? Under US law, a tort is a civil offense. Mens Rea attaches to criminal acts. You do not need mens rea for torts in the US. Where are you getting this information from? Which law school did you attend?
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Hi SusangPYP!
This is in response to the message whom people assume it as ‘Criminal’ offence. Please read the above articles.
But here, one offence can carry criminal and civil liabilities. It is hardly strange that if one is considered right criminally and wrong in civil part by the same judge. Lol.
I think you have noticed that this friend of ours has cited ‘European Laws’ as a concen, not USA.
Rgds.
Scope. -
BTW, I am not arguing whether the persons want legal advise or not. But obviously, I am just offering my views on this if he does or doesn’t end up contacting anybody. I’d deem it only fair that he can have choice and exposure to others’ generous views.
Scope.
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It’s still dangerous to bandy about “opinion” versus defamation and to mix the two of them up both legally and practically. The OP needs to consult with a lawyer to see if he or she has been defamed and what the ramifications are in his or her jurisdiction.
There is also a choice of law issue and whether or not U.S. laws apply or what laws apply may also be an issue. And not every European nation has the same set of laws.
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Hi, Susangpyp!
Actually, it’d be more helpful to offer some views on his handling of such matters instead of simply directing him to lawyers. Especially that we cannot simply assume that 80% of the bloggers are so rich enough to always consult lawyers.
Actually I also am refraining from pointing out to you that, even USA, mens rea is an important factor in such ‘civil cases’ although even in USA, states do have differences in courts judgements… Which is why I said ‘in general’. I do not want to appear as… you know, arguing.
It’s very important to also realise that there is no such thing as global internet laws for such global activities. From a legal aspect, it’s to me, very unfair to have ‘family lawyers’ in on such deep issues. And indeed, many courts simply and presumeably rely on traditional laws which is rather absurd.
We are all bloggers here. Having the legal stinks coming in especially in such transitional era is very unwise.
Trust me, lawyers are not 100% reliable. In Edison Vs Cecilia Chueng’s father, the lawyer is reportedly claiming a high chance of victory. But anyone who knows laws enough might have the eyebrows raised. Fact is, every section has plaintiff and defendant; most defendants and plaintiffs have lawyers who always say: There is a good chance of winning the other…
Anyway, I doubt it’s illegal to play the appelle here. Lol. Take it easy, pretty.
Courts themselves are not reliable as well on traditional cases. Why would people want to pull in lawyers to the blogosphere? Laws are not the end to everything, nor should be the means. Allow me to share my view with you that: It’s more dangerous to pull lawyers in as and when somebody screams.
The only jurisdiction is that in this global activities, it’s actually legally baseless.
You said yourself, every European state and even USA state may have different laws. But state concerns is that it involves sovereignty, which European states can assert itself on another European state or even America itself, by right?
This friend here obviously stated European laws, and he chooses to come here for views instead of going to the lawyers. Even in USA laws, what is a forum’s legal privilege? A forum is for views. :)
Take it easy, Susangpyp. Your views are appreciated as well.
Scope.
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