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.Defamation—also called calumny, vilification, slander (for transitory statements), and libel (for written, broadcast, or otherwise published words)—is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government, or nation a negative image.^ Libel is written; slander is spoken.
  • J-Learning -- Promote It -- Online Libel Issues 10 February 2010 11:011 UTC www.j-learning.org [Source type: General]

^ In other words libel and slander are both defamation, but libel is printed and slander is spoken.
  • What is Defamation? Do I have a case? -- Morris & Stone 19 January 2010 18:018 UTC www.toplawfirm.com [Source type: Original source]

^ Historically, libel was the written form of defamation, while slander was the spoken form.
  • Irish defamation law 19 January 2010 18:018 UTC indigo.ie [Source type: Original source]

.It is usually, but not always,[1] a requirement that this claim be false and that the publication is communicated to someone other than the person defamed (the claimant).^ Generally defamation requires that the publication be false and without the consent of the allegedly defamed person.
  • defamation (law) -- Britannica Online Encyclopedia 19 January 2010 18:018 UTC www.britannica.com [Source type: FILTERED WITH BAYES]

^ A statement defames someone only if it is false.
  • J-Learning -- Promote It -- Online Libel Issues 10 February 2010 11:011 UTC www.j-learning.org [Source type: General]

^ Secondly, the material must be published — which means that it is communicated to someone other than the person or persons defamed.
  • Defamation 2.0 | newmatilda.com 19 January 2010 18:018 UTC newmatilda.com [Source type: FILTERED WITH BAYES]

.In common law jurisdictions, slander refers to a malicious, false and defamatory spoken statement or report, while libel refers to any other form of communication such as written words or images.^ Libel is written; slander is spoken.
  • J-Learning -- Promote It -- Online Libel Issues 10 February 2010 11:011 UTC www.j-learning.org [Source type: General]

^ Permanent forms of defamation, such as the written or pictorial, are usually called libel, while the spoken or gestured forms are called slander.
  • libel and slander Facts, information, pictures | Encyclopedia.com articles about libel and slander 10 February 2010 11:011 UTC www.encyclopedia.com [Source type: FILTERED WITH BAYES]

^ When it is in a “fixed” form such as written or in a photograph is is libel .
  • Libel, Slander and the Internet | New Webmasters 10 February 2010 11:011 UTC newwebmasters.net [Source type: General]

.Most jurisdictions allow legal actions, civil and/or criminal, to deter various kinds of defamation and retaliate against groundless criticism.^ Most jurisdictions provide legal actions, civil and/or criminal, to punish various kinds of defamation.

^ Most jurisdictions allow legal actions, civil and/or criminal, to deter various kinds of defamation and retaliate against groundless criticism.
  • Deleting and dealing with Internet Defamation of Character or e-libel. Reflections of an Internet Libel Survivor & Career Re-builder. 10 February 2010 11:011 UTC www.rexxfield.com [Source type: Original source]
  • Defamation encyclopedia topics | Reference.com 19 January 2010 18:018 UTC www.reference.com [Source type: Original source]
  • Tips for dealing with Internet Defamation or e-libel. Reflections of an Internet Libel Survivor & Career Re-builder. 19 January 2010 18:018 UTC www.rexxfield.com [Source type: FILTERED WITH BAYES]

^ Their legislation would allow U.S. writers to bring a federal cause of action against those who bring libel suits against them, in foreign jurisdiction for writing that does not constitute defamation under U.S. law .
  • Faster, Please! » Libel Tourism, American Style 10 February 2010 11:011 UTC pajamasmedia.com [Source type: Original source]

.Related to defamation is public disclosure of private facts, which arises where one person reveals information that is not of public concern, and the release of which would offend a reasonable person.^ Related to defamation is public disclosure of private facts which arises where one person reveals information which is not of public concern, and the release of which would offend a reasonable person.
  • Defamation encyclopedia topics | Reference.com 19 January 2010 18:018 UTC www.reference.com [Source type: Original source]

^ C. Publication of embarrassing private facts.
  • Libel and Privacy 10 February 2010 11:011 UTC www.mobar.org [Source type: Original source]

^ Related to defamation is public disclosure of private facts where one person reveals information which is not of public concern and the release of which would offend a reasonable person.
  • Tips for dealing with Internet Defamation or e-libel. Reflections of an Internet Libel Survivor & Career Re-builder. 19 January 2010 18:018 UTC www.rexxfield.com [Source type: FILTERED WITH BAYES]

"Unlike [with] libel, truth is not a defense for invasion of privacy."[2]
False light laws are "intended primarily to protect the plaintiff's mental or emotional well-being."[3] If a publication of information is false, then a tort of defamation might have occurred. .If that communication is not technically false but is still misleading, then a tort of false light might have occurred.^ The tort itself still occurred in Mexico.

^ Some jursisdictions also have the tort of "false light", in which a statement may be technically true, but so misleading as to be defamatory.
  • Los Angeles Lawyer - Slander and Libel 10 February 2010 11:011 UTC www.danataschner.com [Source type: Original source]

^ Some jurisdictions also have the tort of " false light ", in which a statement may be technically true, but so misleading as to be defamatory.

[3]
.In most civil law jurisdictions, defamation is dealt with as a crime rather than a tort.^ Canada than in most of the civilized world.
  • OpenPolitics.ca : libel 10 February 2010 11:011 UTC openpolitics.ca [Source type: Original source]

^ "Congress contemplated self-regulation, rather than regulation compelled at the sword point of tort liability,'' Justice Carol Corrigan wrote for the court.
  • CALIFORNIA / Internet providers win libel ruling in high court 10 February 2010 11:011 UTC www.sfgate.com [Source type: News]

^ Most jurisdictions allow legal actions, civil and/or criminal, to deter various kinds of defamation and retaliate against groundless criticism.
  • Deleting and dealing with Internet Defamation of Character or e-libel. Reflections of an Internet Libel Survivor & Career Re-builder. 10 February 2010 11:011 UTC www.rexxfield.com [Source type: Original source]
  • Tips for dealing with Internet Defamation or e-libel. Reflections of an Internet Libel Survivor & Career Re-builder. 19 January 2010 18:018 UTC www.rexxfield.com [Source type: FILTERED WITH BAYES]

[4]

History

.In the later Roman jurisprudence, from which many of modern laws descend, verbal defamations are dealt within the edict under two heads.^ In the later Roman jurisprudence , from which many of modern laws descend, verbal defamations are dealt within the edict under two heads.
  • Defamation encyclopedia topics | Reference.com 19 January 2010 18:018 UTC www.reference.com [Source type: Original source]

^ In the later Roman jurisprudence , which has, on this point, exercised considerable influence over modern systems of law, verbal injuries are dealt with in the edict under two heads.

^ In the later Roman jurisprudence , from which many of modern laws descend, verbal defamations are dealt with in the edict under two heads.

.The first comprehended defamatory and injurious statements made in a public manner (convicium adversus bonos mores).^ The first comprehended defamatory and injurious statements made in a public manner ( convicium contra bones mores).

^ It also doesn't matter where the defamatory statement was made.
  • http://www.una.edu/faculty/jlmcmullen/400libel.htm 10 February 2010 11:011 UTC www.una.edu [Source type: FILTERED WITH BAYES]

^ The first comprehended defamatory and injurious statements made in a public manner ( convicium contra bonos mores ).
  • Libel - Journawiki 10 February 2010 11:011 UTC journalism.wikia.com [Source type: Original source]
  • Los Angeles Lawyer - Slander and Libel 10 February 2010 11:011 UTC www.danataschner.com [Source type: Original source]
  • Defamation encyclopedia topics | Reference.com 19 January 2010 18:018 UTC www.reference.com [Source type: Original source]

.The Praetorian Edict, codified cica 130 A.D., declared that an action could be brought up for shouting at someone contrary to good morals: "qui, advesus bonos mores convicium cui fecisse cuiusve opera factum esse dicitur, quo adversus bonos mores convicium Weret, in eum iudicium dabo."^ The first comprehended defamatory and injurious statements made in a public manner ( convicium contra bonos mores ).
  • Libel - Journawiki 10 February 2010 11:011 UTC journalism.wikia.com [Source type: Original source]
  • Defamation encyclopedia topics | Reference.com 19 January 2010 18:018 UTC www.reference.com [Source type: Original source]

^ Suppose, however, contrary to fact conditional coming up here, that Segal had punched Nozick in the mouth, under conditions where this could not be proved.
  • Sue for Libel? by Walter Block 10 February 2010 11:011 UTC www.lewrockwell.com [Source type: Original source]

^ In the case of an action for slander of title, slander of goods or other malicious falsehood brought by a personal representative— .
  • Defamation Act 1996 (c. 31) 19 January 2010 18:018 UTC www.opsi.gov.uk [Source type: Original source]

.(Digest 47. 10. 15. 2.) In this case the essence of the offense lay in the unwarrantable public proclamation.^ In this case the essence of the offence lay in the unwarrantable public proclamation.
  • Los Angeles Lawyer - Slander and Libel 10 February 2010 11:011 UTC www.danataschner.com [Source type: Original source]

^ In this case the essence of the offense lay in the unwarrantable public proclamation.
  • Libel - Journawiki 10 February 2010 11:011 UTC journalism.wikia.com [Source type: Original source]
  • Defamation encyclopedia topics | Reference.com 19 January 2010 18:018 UTC www.reference.com [Source type: Original source]

^ In this case the essence of the offence lay in the unwarrantable public proclamation .

According to Ulpian, not all shouting was actionable. .Drawing on the argument of Labeo, he asserted that the offense consisted in shouting contrary to the morals of the city ("adversus bonos mores huius civitatis") something apt to bring in disrepute or contempt ("quae...^ The draconian law prohibited "publishing any false, scandalous and malicious writing or writings against the government … with intent to defame … or to bring them … into contempt or disrepute."
  • Defamation and the First Amendment 19 January 2010 18:018 UTC www.freedomforum.org [Source type: Original source]

^ The draconian law prohibited "publishing any false, scandalous and malicious writing or writings against the government … with intent to defame … or to bring them … into contempt or disrepute."

^ Anything that brings a person into contempt, disrepute or ridicule, or otherwise injures the person's reputation, is likely to be defamatory.
  • Defamation Havens 19 January 2010 18:018 UTC outreach.lib.uic.edu [Source type: FILTERED WITH BAYES]

ad infamiam vel invidiam alicuius spectaret") the person exposed thereto (Digest 47. 10. 15. 3-6.). .Any act apt to bring another person into disrepute gave rise to an actio injurarum.^ ARTICLE from the Encyclopædia Britannica law in law, attacking another’s reputation by a false publication (communication to a third party ) tending to bring the person into disrepute.
  • defamation (law) -- Britannica Online Encyclopedia 19 January 2010 18:018 UTC www.britannica.com [Source type: FILTERED WITH BAYES]

^ The dictionary defines 'libel' as: A written or oral statement about another which is malicious and false and will do harm to that person or his/her reputation, by tending to bring the target into ridicule, hatred, scorn or contempt of other s.
  • Libel — Switched 10 February 2010 11:011 UTC www.switched.com [Source type: General]
  • Blogger Sued for Negative Book Reviews 10 February 2010 11:011 UTC www.switched.com [Source type: General]

^ It is allowed upon these prosecutions, that the delivery of a single paper from one person to another (whether the paper be in print or manuscript), is an act of publication.
  • Criminal Libel and the Duty of Juries 10 February 2010 11:011 UTC www.constitution.org [Source type: Original source]

.(Digest 47. 10. 15. 25.) In such a case the truth of the statements was no justification for the public and insulting manner in which they had been made.^ "Justification" refers to truth of the statement .
  • Defamation and SLAPPs 19 January 2010 18:018 UTC www.cippic.ca [Source type: Original source]

^ In such a case the truth of the statements was no justification for the unnecessarily public and insulting manner in which they had been made.
  • Libel - LoveToKnow 1911 10 February 2010 11:011 UTC www.1911encyclopedia.org [Source type: Original source]
  • Libel - Journawiki 10 February 2010 11:011 UTC journalism.wikia.com [Source type: Original source]
  • Los Angeles Lawyer - Slander and Libel 10 February 2010 11:011 UTC www.danataschner.com [Source type: Original source]
  • Defamation encyclopedia topics | Reference.com 19 January 2010 18:018 UTC www.reference.com [Source type: Original source]

^ We believe this is a case of such high public interest that it was incumbent upon a public sector broadcaster like the BBC to have held their ground in order to test in a Court of law the truth of the BBC’s report or determine whether a vindication of Trafigura was deserved.

.But even in public matters, the accused had the opportunity to justify his actions by openly stating what he considered necessary for public safety to be denounced by the libel, and proving his assertions to be true.^ If you can prove it’s true, it isn’t libel.
  • Martlet.ca | The University of Victoria's Independent Newspaper 10 February 2010 11:011 UTC www.martlet.ca [Source type: Original source]

^ Sullivan standard, a public figure can’t win a libel case unless he’s able to prove that the person he’s suing made false, defamatory statements knowing they weren’t true, or showing reckless disregard for the truth.
  • Media Nation » libel 10 February 2010 11:011 UTC www.dankennedy.net [Source type: FILTERED WITH BAYES]

^ Thus editors, managers, and even owners are responsible for libelous publications by their newspapers, whereas vendors and distributors are not.
  • defamation (law) -- Britannica Online Encyclopedia 19 January 2010 18:018 UTC www.britannica.com [Source type: FILTERED WITH BAYES]

.(Book 9, Title 36.) The second head included defamatory statements made in private, and in this case the offense lay in the content of the imputation, not in the manner of its publication.^ Each 'hit' is a new publication of a defamatory statement.

^ The second head included defamatory statements made in private, and in this case the offense lay in the imputation itself, not in the manner of its publication.
  • Libel - Journawiki 10 February 2010 11:011 UTC journalism.wikia.com [Source type: Original source]
  • Defamation encyclopedia topics | Reference.com 19 January 2010 18:018 UTC www.reference.com [Source type: Original source]

^ In this case the essence of the offense lay in the unwarrantable public proclamation.
  • Libel - Journawiki 10 February 2010 11:011 UTC journalism.wikia.com [Source type: Original source]
  • Defamation encyclopedia topics | Reference.com 19 January 2010 18:018 UTC www.reference.com [Source type: Original source]

.The truth was therefore a sufficient defense, for no man had a right to demand legal protection for a false reputation.^ The truth was therefore a sufficient defense, for no man had a right to demand legal protection for a false reputation.

^ Truth has no rights.
  • Overcoming Bias : Libel, Slander, Blackmail 10 February 2010 11:011 UTC www.overcomingbias.com [Source type: Original source]

^ The truth was therefore a sufficient defence, for no man had a right to demand legal protection for a false reputation.

In the first Satire of their second book, Horace alludes to this provision in a dialogue with the lawyer Trebatius, by punning on mala carmina at lines 82-84:
si mala condiderit in quem quis carmina jus est
judiciumque. esto, siquis mala; sed bona siquis
judice condiderit laudatus Caesare?
Horace's pun turns on the two possible meanings of mala, "evil and unlawful," or "of poor quality".
.Roman law aimed at giving sufficient scope for the discussion of a man's character, while it protected him from needless insult and pain.^ The law thus aimed at giving sufficient scope for the discussion of a man's character, while it protected him from needless insult and pain.
  • Libel - Journawiki 10 February 2010 11:011 UTC journalism.wikia.com [Source type: Original source]
  • Los Angeles Lawyer - Slander and Libel 10 February 2010 11:011 UTC www.danataschner.com [Source type: Original source]
  • Defamation encyclopedia topics | Reference.com 19 January 2010 18:018 UTC www.reference.com [Source type: Original source]

^ The law thus aimed at giving sufficient scope for the discussion of a man's character, while it protected him from needless insult and pain .

^ It may be founded on any statement which disparages a man's private or professional character, or which tends to hold him up to hatred, contempt or ridicule.

.The remedy for verbal defamation was long confined to a civil action for a monetary penalty, which was estimated according to the significance of the case, and which, although vindictive in its character, doubtless included practically the element of compensation.^ The remedy for verbal defamation was long confined to a civil action for a monetary penalty, which was estimated according to the significance of the case, and which, although vindictive in its character, doubtless included practically the element of compensation.
  • Defamation encyclopedia topics | Reference.com 19 January 2010 18:018 UTC www.reference.com [Source type: Original source]

^ Elements of civil defamation - Defamation Act 2005 .
  • Factsheet -Defamation 19 January 2010 18:018 UTC www.qpilch.org.au [Source type: Original source]

^ The remedy for verbal injuries was long confined to a civil action for a money penalty, which was .estimated according to the gravity of the case, and which, although vindictive in its character, doubtless included practically the element of compensation .

.But a new remedy was introduced with the extension of the criminal law, under which many kinds of defamation were punished with great severity.^ But a new remedy was introduced with the extension of the criminal law, under which many kinds of defamation were punished with great severity.
  • Libel - Journawiki 10 February 2010 11:011 UTC journalism.wikia.com [Source type: Original source]
  • Los Angeles Lawyer - Slander and Libel 10 February 2010 11:011 UTC www.danataschner.com [Source type: Original source]

^ But a new remedy was introduced with the extension of the criminal law , under which many kinds of defamation were punished with great severity.

^ Under these laws, criminal charges have been levied against individuals for defaming, denigrating, insulting, offending, disparaging and blaspheming Islam, often resulting in gross human rights violations.
  • Whose Religion Is the UN Protecting from Defamation? 19 January 2010 18:018 UTC forums.christiansunite.com [Source type: General]

.At the same time increased importance attached to the publication of defamatory books and writings, the libri or libelli famosi, from which we derive our modern use of the word libel; and under the later emperors the latter term came to be specially applied to anonymous accusations or pasquils, the dissemination of which was regarded as particularly dangerous, and visited with very severe punishment, whether the matter contained in them were true or false.^ But this public cynicism is very dangerous.

^ At the same time increased importance attached to the publication of defamatory books and writings, the libri or libelli famosi , from which we derive our modern use of the word libel; and under the later emperors the latter term came to be specially applied to anonymous accusations or pasquils , the dissemination of which was regarded as particularly dangerous, and visited with very severe punishment, whether the matter contained in them were true or false.
  • Libel - Journawiki 10 February 2010 11:011 UTC journalism.wikia.com [Source type: Original source]
  • Los Angeles Lawyer - Slander and Libel 10 February 2010 11:011 UTC www.danataschner.com [Source type: Original source]
  • Defamation encyclopedia topics | Reference.com 19 January 2010 18:018 UTC www.reference.com [Source type: Original source]

^ At the same time increased importance attached to the publication of defamatory books and writings, the libr.i or libelli famosi, from which we derive our modern use of the word libel; and under the later emperors the latter term came to be specially applied to anonymous accusations or pasquils, the dissemination .of which was regarded as peculiarly dangerous, and visited with very severe punishment, whether the matter contained in them were true or false.

Types of torts

Slander and libel

.The common law origins of defamation lie in the torts of slander (harmful statement in a transitory form, especially speech) and libel[5][6] (harmful statement in a fixed medium, especially writing but also a picture, sign, or electronic broadcast), each of which gives a common law right of action.^ Origins of defamation law .
  • Libel - Journawiki 10 February 2010 11:011 UTC journalism.wikia.com [Source type: Original source]
  • Los Angeles Lawyer - Slander and Libel 10 February 2010 11:011 UTC www.danataschner.com [Source type: Original source]

^ Historically, libel was the written form of defamation, while slander was the spoken form.
  • Irish defamation law 19 January 2010 18:018 UTC indigo.ie [Source type: Original source]

^ Defamation is divided into two forms: libel and slander.
  • Irish defamation law 19 January 2010 18:018 UTC indigo.ie [Source type: Original source]

."Defamation" is the general term used internationally, and is used in this article where it is not necessary to distinguish between "slander" and "libel". Libel and slander both require publication.^ Defamation is a generic term – slander is defamation in a transient form, while libel is defamation in written or permanent (or equivalent) form.
  • Digital Rights Ireland » Libel Laws In Ireland 10 February 2010 11:011 UTC www.digitalrights.ie [Source type: General]

^ In other words libel and slander are both defamation, but libel is printed and slander is spoken.
  • What is Defamation? Do I have a case? -- Morris & Stone 19 January 2010 18:018 UTC www.toplawfirm.com [Source type: Original source]

^ Defamation is the inclusive term, including both slander and libel.
  • What is Defamation? Do I have a case? -- Morris & Stone 19 January 2010 18:018 UTC www.toplawfirm.com [Source type: Original source]

[7] .The fundamental distinction between libel and slander lies solely in the form in which the defamatory matter is published.^ In modern times, the legal distinction between libel and slander has been narrowed.

^ What is the difference between libel and slander?
  • libel and slander Facts, information, pictures | Encyclopedia.com articles about libel and slander 10 February 2010 11:011 UTC www.encyclopedia.com [Source type: FILTERED WITH BAYES]

^ Libel and slander are forms of defamation.
  • New York Real Estate Lawyers' Blog - New York Real Estate Litigation Attorneys' Blog - Finkelstein Newman Ferrara LLP 19 January 2010 18:018 UTC www.nyrealestatelawblog.com [Source type: FILTERED WITH BAYES]

.If the offending material is published in some fleeting form, as by spoken words or sounds, sign language, gestures and the like, then this is slander.^ If the offending material is published in some fleeting form, as by spoken words or sounds, sign language, gestures and the like, then this is slander.
  • Libel - Journawiki 10 February 2010 11:011 UTC journalism.wikia.com [Source type: Original source]
  • Defamation encyclopedia topics | Reference.com 19 January 2010 18:018 UTC www.reference.com [Source type: Original source]
  • Defamation 19 January 2010 18:018 UTC www.inisiyatif.net [Source type: Original source]

^ Slander is defamatory words spoken but not published in writing or in print.
  • ODLIS: Online Dictionary for Library and Information Science 10 February 2010 11:011 UTC lu.com [Source type: Academic]

^ If it is published in more durable form, for example in written words, film, compact disc (CD), DVD, blogging and the like, then it is considered libel.
  • Defamation encyclopedia topics | Reference.com 19 January 2010 18:018 UTC www.reference.com [Source type: Original source]

.If it is published in more durable form, for example in written words, film, compact disc (CD), DVD, blogging and the like, then it is considered libel."^ If it is published in more durable form, for example in written words, film, compact disc (CD), DVD, blogging and the like, then it is considered libel.
  • Defamation encyclopedia topics | Reference.com 19 January 2010 18:018 UTC www.reference.com [Source type: Original source]

^ If it is published in more durable form, such as in written words, film, data disc (CD or DVD), blogging, web sites and the like, then it is considered libel .
  • Tips for dealing with Internet Defamation or e-libel. Reflections of an Internet Libel Survivor & Career Re-builder. 19 January 2010 18:018 UTC www.rexxfield.com [Source type: FILTERED WITH BAYES]

^ If it is published in more durable form, for example in written words, film, compact disc and the like, then it is considered libel.

.The debate whether Internet blogs or Bulletin Boards are publishers is a key subject being addressed, whereas an Internet based community is more akin to conversations in a bar or pub, with content being written as an ongoing dialogue that is generally not edited or regulated such as in the publishing industry.^ If it is published in more durable form, for example in written words, film, compact disc (CD), DVD, blogging and the like, then it is considered libel.
  • Defamation encyclopedia topics | Reference.com 19 January 2010 18:018 UTC www.reference.com [Source type: Original source]

^ The ancient twin torts of libel and slander have traveled from the feudal fields of England to the American colonial debates to the civil rights movement in the South and now to the web sites, bulletin boards, and chat rooms of the Internet.
  • Hunton & Williams | Defamation 19 January 2010 18:018 UTC www.hunton.com [Source type: FILTERED WITH BAYES]

^ If it is published in more durable form, such as in written words, film, data disc (CD or DVD), blogging, web sites and the like, then it is considered libel .
  • Tips for dealing with Internet Defamation or e-libel. Reflections of an Internet Libel Survivor & Career Re-builder. 19 January 2010 18:018 UTC www.rexxfield.com [Source type: FILTERED WITH BAYES]

[8]

Criminal defamation

.Many nations have criminal penalties for defamation in some situations, and different conditions for determining whether an offense has occurred.^ Many nations have criminal penalties for defamation in some situations, and different conditions for determining whether an offense has occurred.
  • Libel - Journawiki 10 February 2010 11:011 UTC journalism.wikia.com [Source type: Original source]
  • Defamation encyclopedia topics | Reference.com 19 January 2010 18:018 UTC www.reference.com [Source type: Original source]

^ Then, the Court had to determine whether Elmer Gertz was a private person or some sort of public figure.

^ Some saw criminal defamation as the only method of preventing irresponsible and malicious attacks by individuals not worth suing for damages.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

.ARTICLE 19, a free expression advocacy group, has published global maps[9] charting the existence of criminal defamation law across the globe, as well as showing countries that have special protections for political leaders or functionaries of the state.^ ARTICLE 19, Global Campaign for Free Expression, has published global maps charting the existence of criminal defamation law across the globe.
  • Defamation encyclopedia topics | Reference.com 19 January 2010 18:018 UTC www.reference.com [Source type: Original source]

^ So there are federal laws, as well as state laws, on defamation?
  • Libel Laws and Scoundrel Refuges - The Panda's Thumb 10 February 2010 11:011 UTC pandasthumb.org [Source type: Original source]

^ Defamation law protects businesses as well as individuals.
  • Libel 10 February 2010 11:011 UTC www.olywa.net [Source type: Original source]

[10]
.The OSCE (Organization for Security and Co-operation in Europe) has also published a detailed database on criminal and civil defamation provisions in 55 countries, including all European countries, all member countries of the Commonwealth of Independent States, the United States and Canada.^ Australian laws include offence provisions for civil defamation and criminal defamation.
  • Australian Defamation Laws and the Internet 19 January 2010 18:018 UTC www.efa.org.au [Source type: Original source]

^ On the other is the European Union, the United States, Canada, and Switzerland amongst the other Western countries.
  • The Liberty Blog » Defamation of Religions at the UN 19 January 2010 18:018 UTC www.religiousliberty.info [Source type: Original source]

^ A LEGISLATURE in any member state or the European Parliament .

[11]

Defenses

.Even if a statement is derogatory, there are circumstances in which such statements are permissible in law.^ There is a major push on to push for such laws.
  • UN Passes Defamation of Religion Resolution : Dispatches from the Culture Wars 19 January 2010 18:018 UTC scienceblogs.com [Source type: General]

^ Even if a statement is derogatory, there are circumstances in which such statements are permissible in law.
  • Defamation encyclopedia topics | Reference.com 19 January 2010 18:018 UTC www.reference.com [Source type: Original source]

^ "Libel" comes from Latin : libellus ("little book") Even if a statement is derogatory, there are circumstances in which such statements are permissible in law.

Truth

.In many legal systems, adverse public statements about legal citizens presented as fact must be proven false to be defamatory or slanderous/libel.^ Libel must also be presented as a fact.

^ The publication must be able to prove a defamatory statement is true .
  • http://www.una.edu/faculty/jlmcmullen/400libel.htm 10 February 2010 11:011 UTC www.una.edu [Source type: FILTERED WITH BAYES]

^ Libel should be about making materially false statements about someone.
  • Libel stories at Techdirt. 10 February 2010 11:011 UTC www.techdirt.com [Source type: General]

.Proving adverse, public character statements to be true is often the best defense against a prosecution for libel and/or defamation.^ Justification: the defendant proves that the statement was true.

^ Truth is the best defense against libel.
  • Bloggers beware: You're liable to commit libel | Train Wreck - CNET News 10 February 2010 11:011 UTC news.cnet.com [Source type: FILTERED WITH BAYES]

^ The publication must be able to prove a defamatory statement is true .
  • http://www.una.edu/faculty/jlmcmullen/400libel.htm 10 February 2010 11:011 UTC www.una.edu [Source type: FILTERED WITH BAYES]

.Statements of opinion that cannot be proven true or false will likely need to apply some other kind of defense.^ Since the statement cannot be proven to be true or false it cannot be the premise for a defamation action in this case.
  • Summary of defamation, libel and slander law in Virginia 19 January 2010 18:018 UTC www.robertslaw.org [Source type: Original source]

^ Opinion and comment cannot be false.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ In other words, they are capable of being proven true or false.
  • Summary of defamation, libel and slander law in Virginia 19 January 2010 18:018 UTC www.robertslaw.org [Source type: Original source]

.The use of the defense of justification has dangers, however; if the defendant libels the plaintiff and then runs the defense of truth and fails, he may be said to have aggravated the harm.^ Truth is the best defense against libel.
  • Bloggers beware: You're liable to commit libel | Train Wreck - CNET News 10 February 2010 11:011 UTC news.cnet.com [Source type: FILTERED WITH BAYES]

^ The use of the defense of justification has dangers, however.

^ The burden is then on jesroddy to use the justification defense – e.g.
  • Libel Reform – Bad Science 10 February 2010 11:011 UTC www.badscience.net [Source type: FILTERED WITH BAYES]

.Another important aspect of defamation is the difference between fact and opinion.^ Another important aspect of defamation is the difference between fact and opinion .
  • Defamation encyclopedia topics | Reference.com 19 January 2010 18:018 UTC www.reference.com [Source type: Original source]

^ Some jurisdictions have eliminated the distinction between fact and opinion, and allow any statements suggesting a factual basis to defeat a defamation claim.

^ Fair comment only protects opinions, and the dividing line between facts and opinions is often unclear.
  • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

.Statements made as "facts" are frequently actionable defamation.^ Statements made as "facts" are frequently actionable defamation.
  • Defamation encyclopedia topics | Reference.com 19 January 2010 18:018 UTC www.reference.com [Source type: Original source]

^ Bottom line it is either a false statement made about someone else, or it is an insulting statement made to hurt or defame their character and/or reputation.
  • M . O . G .: The Gospel and Blog Slander: Blog Slander Will Cost More Than an $11.3M Court Settlement 19 September 2009 6:06 UTC mymiscellanies.blogspot.com [Source type: General]

^ Generally, defamation is a false and unprivileged statement of fact that is harmful to someone's reputation, and published "with fault," meaning as a result of negligence or malice.

.Statements of opinion or pure opinion are not actionable.^ Statements of opinion or pure opinion are not actionable.
  • Defamation encyclopedia topics | Reference.com 19 January 2010 18:018 UTC www.reference.com [Source type: Original source]

^ Similarly, the following statements have been considered pure opinion: .
  • Massachusetts Bar Association : Libel 10 February 2010 11:011 UTC www.massbar.org [Source type: Original source]

^ Yiamouyiannis as a quack, a hoke artist, and a fearmonger are assertions of pure opinion, as are the statements that he was exposed for quackery, lacks solid credentials, and expresses incomprehensible mumbo jumbo.
  • Libel Laws and Scoundrel Refuges - The Panda's Thumb 10 February 2010 11:011 UTC pandasthumb.org [Source type: Original source]

.To win damages in a libel case, the plaintiff must first show that the statements were "statements of fact or mixed statements of opinion and fact" and second that these statements were false.^ To win a slander case -- must prove actual damage and the amount of damage.
  • http://fly.hiwaay.net/~jmcmulle/400libel.htm 10 February 2010 11:011 UTC fly.hiwaay.net [Source type: FILTERED WITH BAYES]

^ Libel case shows Singapore's limits .

^ The key to these definitions is that the statements must be false.
  • Tips for dealing with Internet Defamation or e-libel. Reflections of an Internet Libel Survivor & Career Re-builder. 19 January 2010 18:018 UTC www.rexxfield.com [Source type: FILTERED WITH BAYES]

.Conversely, a typical defense to defamation is that the statements are opinion.^ Conversely, a typical defense to defamation is that the statements are opinion.
  • Defamation encyclopedia topics | Reference.com 19 January 2010 18:018 UTC www.reference.com [Source type: Original source]

^ Lorain Journal The issue in Milkovich was whether couching a statement in the words "in my opinion" provides that statement with a defense of fair comment and criticism.
  • Media Law & Ethics: Class Notes: Section 4: Libel 10 February 2010 11:011 UTC www.class.uh.edu [Source type: FILTERED WITH BAYES]

^ Some jurisdictions have eliminated the distinction between fact and opinion, and allow any statements suggesting a factual basis to defeat a defamation claim.

.One of the major tests to distinguish whether a statement is fact or opinion is whether the statement can be proved true or false in a court of law.^ Justification: the defendant proves that the statement was true.

^ (A verifiable fact is one capable of being proven true or false.
  • FAQ about Defamation -- Chilling Effects Clearinghouse 19 January 2010 18:018 UTC www.chillingeffects.org [Source type: Original source]

^ "Therefore, if a statement is found to be one of opinion ?
  • OpenPolitics.ca : libel 10 February 2010 11:011 UTC openpolitics.ca [Source type: Original source]

.If the statement can be proved true or false, then, on that basis, the case will be heard by a jury to determine whether it is true or false.^ Justification: the defendant proves that the statement was true.

^ In such cases, it does not matter what the statement was or whether it was true or false.
  • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

^ If the statement can be proved true or false, then, on that basis, the case will be heard by a jury to determine whether it is true or false.
  • Defamation encyclopedia topics | Reference.com 19 January 2010 18:018 UTC www.reference.com [Source type: Original source]

.If the statement cannot be proved true or false, the court may dismiss the libel case without it ever going to a jury to find facts in the case.^ Justification: the defendant proves that the statement was true.

^ [T]his Court will review the finding of facts by a State court .
  • New York Times Co. v. Sullivan 10 February 2010 11:011 UTC www.law.cornell.edu [Source type: Original source]

^ When may a false defamatory statement be privileged?
  • libel and slander Facts, information, pictures | Encyclopedia.com articles about libel and slander 10 February 2010 11:011 UTC www.encyclopedia.com [Source type: FILTERED WITH BAYES]

.Under English common law, proving the truth of the allegation was originally a valid defence only in civil libel cases.^ Libel laws in Canada are derived from English common law ?
  • OpenPolitics.ca : libel 10 February 2010 11:011 UTC openpolitics.ca [Source type: Original source]

^ In Canadian common law provinces, truth is a complete defence to defamation.
  • Defamation and SLAPPs 19 January 2010 18:018 UTC www.cippic.ca [Source type: Original source]

^ Defences at common law.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

.Criminal libel was construed as an offence against the public at large based on the tendency of the libel to provoke breach of peace, rather than being a crime based upon the actual defamation per se; its truth or falsity was therefore considered irrelevant.^ Truth is the best defense against libel.
  • Bloggers beware: You're liable to commit libel | Train Wreck - CNET News 10 February 2010 11:011 UTC news.cnet.com [Source type: FILTERED WITH BAYES]
  • Bloggers beware: You're liable to commit libel | Train Wreck - CNET Blogs 10 February 2010 11:011 UTC www.cnet.com [Source type: General]

^ Truth has long been considered a defense against defamation claims in the US. .
  • Overcoming Bias : Libel, Slander, Blackmail 10 February 2010 11:011 UTC www.overcomingbias.com [Source type: Original source]

^ Question: What is libel per se?
  • FAQ about Defamation -- Chilling Effects Clearinghouse 19 January 2010 18:018 UTC www.chillingeffects.org [Source type: Original source]

Section VI of the Libel Act 1843 allowed the proven truth of the allegation to be used as a valid defence in criminal libel cases, but only if the defendant also demonstrated that publication was for the "Public Benefit".[12]
.In some systems, however, notably the Philippines, truth alone is not a defense.^ In some systems, however, truth alone is not a defense.

^ In some systems, however, notably the Philippines , truth alone is not a defense.
  • Defamation encyclopedia topics | Reference.com 19 January 2010 18:018 UTC www.reference.com [Source type: Original source]

^ However, within months the New York legislature enacted a law that did permit truth as a defense in such common law cases.
  • Media Law & Ethics: Class Notes: Section 4: Libel 10 February 2010 11:011 UTC www.class.uh.edu [Source type: FILTERED WITH BAYES]

[13] .Some U.S. statutes preserve historical common law exceptions to the defense of truth to libel actions.^ Some U.S. statutes preserve historical common law exceptions to the defense of truth to libel actions.
  • Defamation encyclopedia topics | Reference.com 19 January 2010 18:018 UTC www.reference.com [Source type: Original source]

^ Civil libel has its origins in the common law.
  • Law & the Media in Texas — Libel Cases 10 February 2010 11:011 UTC www.texaspress.com [Source type: Original source]

^ Truth is the best defense against libel.
  • Bloggers beware: You're liable to commit libel | Train Wreck - CNET News 10 February 2010 11:011 UTC news.cnet.com [Source type: FILTERED WITH BAYES]
  • Bloggers beware: You're liable to commit libel | Train Wreck - CNET Blogs 10 February 2010 11:011 UTC www.cnet.com [Source type: General]

These exceptions were for statements "tending to blacken the memory of one who is dead" or "expose the natural defects of one who is alive".[14]
.It is also necessary in these cases to show that there is a well-founded public interest in the specific information being widely known, and this may be the case even for public figures.^ It is not sufficient that the public may have a legitimate interest in receiving the information.
  • Defamation, Trademark, Copyright and Labour Law 19 January 2010 18:018 UTC www.mbwlaw.ca [Source type: Original source]

^ Public figure status may be accorded to: .

^ It is also necessary in these cases to show that there is a well-founded public interest in the specific information being widely known, and this may be the case even for public figures .
  • Libel - Journawiki 10 February 2010 11:011 UTC journalism.wikia.com [Source type: Original source]
  • Defamation encyclopedia topics | Reference.com 19 January 2010 18:018 UTC www.reference.com [Source type: Original source]

Public interest is generally not "what the public is interested in", but rather "what is in the interest of the public".[15] [16]
Noonan v. .Staples is sometimes cited as precedent that truth is not a always a defense to libel, but the case is actually not valid precedent on that issue because for some reason Staples didn't argue First Amendment protection for its statements.^ Truth is the best defense against libel.
  • Bloggers beware: You're liable to commit libel | Train Wreck - CNET News 10 February 2010 11:011 UTC news.cnet.com [Source type: FILTERED WITH BAYES]

^ First, truth is an absolute defense.
  • Defamation Vs. Negligent Referral - Graziadio Business Report 19 January 2010 18:018 UTC gbr.pepperdine.edu [Source type: FILTERED WITH BAYES]

^ The case established some precedent that the truth should be an absolute defense against libel charges.

.(see footnote at bottom of page 15 of the courts decision) The courts often don't decide cases on issues not argued by the parties, and thus the court assumed for the sake of that particular case that the Massachusetts law was constitutional under the First Amendment.^ Internet & First Amendment issues > .
  • firstamendmentcenter.org: Internet & First Amendment in Speech - Topic 10 February 2010 11:011 UTC www.firstamendmentcenter.org [Source type: FILTERED WITH BAYES]

^ This case falls under the issue of PUBLICATION. .
  • http://fly.hiwaay.net/~jmcmulle/400libel.htm 10 February 2010 11:011 UTC fly.hiwaay.net [Source type: FILTERED WITH BAYES]

^ Without seeing how they couched those allegations, it's hard to tell whether they merely restated what was said in the lawsuit (which is usually allowed under the First Amendment) or went further into potentially defamatory waters.
  • The Hollywood Reporter | Esq. | Entertainment and Media Law: Defamation 19 January 2010 18:018 UTC www.thresq.com [Source type: General]
  • The Hollywood Reporter | Esq. | Entertainment and Media Law: Defamation 19 January 2010 18:018 UTC reporter.blogs.com [Source type: General]

Privilege and malice

.Privilege provides a complete bar and answer to a defamation suit, though conditions may have to be met before this protection is granted.^ Privilege provides a complete bar and answer to a defamation suit, though conditions may have to be met before this protection is granted.

^ This threshold has meant that many defamation defendants have stopped defamation suits before they go to a jury.

^ Narco News, its website, and the writers who post information, are entitled to all the First Amendment protections accorded a newspaper-magazine or journalist in defamation suits...

There are two types of privilege in the common law tradition:
.
  • "Absolute privilege" has the effect that a statement cannot be sued on as defamatory, even if it were made maliciously; a typical example is evidence given in court (although this may give rise to different claims, such as an action for malicious prosecution or perjury) or statements made in a session of the legislature (known as 'Parliamentary privilege' in Commonwealth countries).
  • "Qualified privilege" may be available to the journalist as a defense in circumstances where it is considered important that the facts be known in the public interest; an example would be public meetings, local government documents, and information relating to public bodies such as the police and fire departments.^ EVIDENCE. But sometimes witnesses may not be available: .
    • http://fly.hiwaay.net/~jmcmulle/400libel.htm 10 February 2010 11:011 UTC fly.hiwaay.net [Source type: FILTERED WITH BAYES]

    ^ Such publications are considered to have been published to the world.
    • Defamation, Trademark, Copyright and Labour Law 19 January 2010 18:018 UTC www.mbwlaw.ca [Source type: Original source]

    ^ It is not sufficient that the public may have a legitimate interest in receiving the information.
    • Defamation, Trademark, Copyright and Labour Law 19 January 2010 18:018 UTC www.mbwlaw.ca [Source type: Original source]

    Qualified privilege has the same effect as absolute privilege, but does not protect statements that can be proven to have been made with malicious intent.

Other defences

Defences to claims of defamation include:
.
  • Statements made in a good faith and reasonable belief that they were true are generally treated the same as true statements; however, the court may inquire into the reasonableness of the belief.^ Statements made in a good faith and reasonable belief that they were true are generally treated the same as true statements; however, the court may inquire into the reasonableness of the belief.
    • Libel - Journawiki 10 February 2010 11:011 UTC journalism.wikia.com [Source type: Original source]
    • Defamation encyclopedia topics | Reference.com 19 January 2010 18:018 UTC www.reference.com [Source type: Original source]

    ^ This is true even if the statement is made maliciously.
    • Avoiding Defamation in the Workplace, Giving References and Disciplining Empl... 19 January 2010 18:018 UTC library.findlaw.com [Source type: FILTERED WITH BAYES]

    ^ The Alien Tort Statute, for example, gives U.S. courts subject matter jurisdiction over brutal acts that violate the "law of nations" wherever they may occur.
    • Rivkin and Brown: 'Libel Tourism' Threatens Free Speech - WSJ.com 10 February 2010 11:011 UTC online.wsj.com [Source type: News]

    .The degree of care expected will vary with the nature of the defendant: an ordinary person might safely rely on a single newspaper report, while the newspaper would be expected to carefully check multiple sources.^ The degree of care expected will vary with the nature of the defendant: an ordinary person might safely rely on a single newspaper report, while the newspaper would be expected to carefully check multiple sources.

    ^ The BCA chose to sue Singh personally rather than the Guardian, thus exposing the reporter to personal ruin no matter whether he successfully defends the action or not.
    • WITN?: In sort-of defence of Britain's ridiculous libel laws 10 February 2010 11:011 UTC www.techcrunch.com [Source type: General]

    ^ A court cannot infer actual knowledge of falsity from what a reasonable person in the defendant's position would have known.
    • Libel law, Independent appellate review, New York Times v. Sullivan, Bose, Consumers Union, Cornell Law Review, Gary Paranzino 10 February 2010 11:011 UTC www.paranzino.com [Source type: Original source]

    .However in UK election law, a true statement made during an election campaign by someone who didn't know it was true is still actionable.^ This is true even if the statement is made maliciously.
    • Avoiding Defamation in the Workplace, Giving References and Disciplining Empl... 19 January 2010 18:018 UTC library.findlaw.com [Source type: FILTERED WITH BAYES]

    ^ Still, Zimmerman said that while criminal libel laws are rarely enforced due to First Amendment concerns, even those that remain on the books require the person to be maliciously or willfully spreading a libelous statement they know is untrue.
    • Tag search result for: libel | newsobserver.com projects 10 February 2010 11:011 UTC projects.newsobserver.com [Source type: News]

    ^ Sullivan standard, a public figure can’t win a libel case unless he’s able to prove that the person he’s suing made false, defamatory statements knowing they weren’t true, or showing reckless disregard for the truth.
    • Media Nation » libel 10 February 2010 11:011 UTC www.dankennedy.net [Source type: FILTERED WITH BAYES]

    .July 2009" style="white-space:nowrap;">[citation needed]
  • Opinion is a defense recognized in nearly every jurisdiction.^ Opinion is a defense recognized in nearly every jurisdiction.
    • Libel - Journawiki 10 February 2010 11:011 UTC journalism.wikia.com [Source type: Original source]
    • Defamation encyclopedia topics | Reference.com 19 January 2010 18:018 UTC www.reference.com [Source type: Original source]

    ^ Paul Carr - September 22nd, 2009 at 2:40 pm UTC Oh, please – citations needed.
    • UK Libel Law Is Out Of Control. We Know From Experience. 10 February 2010 11:011 UTC www.techcrunch.com [Source type: Original source]

    ^ However, some jurisdictions decline to recognize any legal distinction between fact and opinion.
    • Defamation encyclopedia topics | Reference.com 19 January 2010 18:018 UTC www.reference.com [Source type: Original source]

    .If the allegedly defamatory assertion is an expression of opinion rather than a statement of fact, defamation claims usually cannot be brought because opinions are inherently not falsifiable.^ (Caveat: Expressions of opinion can imply an assertion of objective facts.

    ^ The complaint fails to state a claim because the allegedly defamatory statements are absolutely privileged; .
    • The Clemens Defamation Lawsuit: Litigation Marches On 19 January 2010 18:018 UTC www.bizofbaseball.com [Source type: News]

    ^ Claims of opinion do not shield a malicious statement of fact.
    • Libel Notes 10 February 2010 11:011 UTC www.runet.edu [Source type: Original source]

    .However, some jurisdictions decline to recognize any legal distinction between fact and opinion.^ However, some jurisdictions decline to recognize any legal distinction between fact and opinion.
    • Defamation encyclopedia topics | Reference.com 19 January 2010 18:018 UTC www.reference.com [Source type: Original source]

    ^ Some jurisdictions have eliminated the distinction between fact and opinion, and allow any statements suggesting a factual basis to defeat a defamation claim.

    ^ Fair comment only protects opinions, and the dividing line between facts and opinions is often unclear.
    • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

    .The United States Supreme Court, in particular, has ruled that the First Amendment does not require recognition of an opinion privilege.^ We conclude that such a privilege is required by the First and Fourteenth Amendment s.
    • New York Times Co. v. Sullivan 10 February 2010 11:011 UTC www.law.cornell.edu [Source type: Original source]

    ^ The ultimate interpreter of what the Constitution protects and what it does not protect is the United States Supreme Court.
    • MAJOR CASES IN LIBEL LAW 10 February 2010 11:011 UTC www.csulb.edu [Source type: Original source]

    ^ The Supreme Court of Texas ruled that the newspaper account was not privileged.
    • Media Law & Ethics: Class Notes: Section 4: Libel 10 February 2010 11:011 UTC www.class.uh.edu [Source type: FILTERED WITH BAYES]

    [17]
  • .
  • Fair comment on a matter of public interest, arguments made with an honest belief in their soundness on a matter of public interest (such as regarding official acts) are defendable against a defamation claim, even if such arguments are logically unsound; if a reasonable person could honestly entertain such an opinion, the statement is protected.
  • Consent is an uncommon defense and makes the claim that the claimant consented to the dissemination of the statement.
  • Innocent dissemination is a defense available when a defendant had no actual knowledge of the defamatory statement or no reason to believe the statement was defamatory.^ Consent of another to the publication of defamatory matter concerning him is a complete defense to his action for defamation.

    ^ Such a person may not pursue a defamation claim.

    ^ The degree of protection generally depends on whether the person commented about is a private or public figure and whether the statement is regarding a private or public matter.
    • FAQ about Protest, Parody and Criticism Sites -- Chilling Effects Clearinghouse 10 February 2010 11:011 UTC www.chillingeffects.org [Source type: FILTERED WITH BAYES]

    .The defense can be defeated if the lack of knowledge was due to negligence.^ The defense can be defeated if the lack of knowledge was due to negligence .
    • Libel - Journawiki 10 February 2010 11:011 UTC journalism.wikia.com [Source type: Original source]
    • Defamation encyclopedia topics | Reference.com 19 January 2010 18:018 UTC www.reference.com [Source type: Original source]

    ^ If a servant publishes matter which falls within the definition of blasphemous libel, his master will be liable unless he can show lack of knowledge and that such lack of knowledge was not due to his negligence.
    • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

    ^ In short, it is a defence to show that he had no knowledge of the libel and that such lack of knowledge was not due to his own negligence.
    • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

    .Thus, a delivery service cannot be held liable for delivering a sealed defamatory letter.
  • Claimant is incapable of further defamation–e.g., the claimant's position in the community is so poor that defamation could not do further damage to the plaintiff.^ Thus, a delivery service cannot be held liable for delivering a sealed defamatory letter.

    ^ If defendants can prove the truth of a defamatory statement, they cannot be held liable for damages.
    • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

    ^ Claimant is incapable of further defamation –e.g., the claimant's position in the community is so poor that defamation could not do further damage to the plaintiff.

    .Such a claimant could be said to be "libel-proof", since in most jurisdictions, actual damage is an essential element for a libel claim.^ Such a claimant could be said to be "libel-proof," since in most jurisdictions, actual damage is an essential element for a libel claim.

    ^ The motive for doing so (what courts have referred to as "malice"), is not actually an element of proof, but may be used to prove intent to injure: If the defendant had something to gain by spreading falsehoods about the plaintiff, proof of that motive could help establish that the defendant knowingly defamed the plaintiff.

    ^ Defamation law, which essentially protects people and companies from damage to their reputation caused by untrue statements ( libel = publication/broadcast; slander = spoken) in the UK is often said to be more strict than in other countries.
    • cybersoc.com: libel 10 February 2010 11:011 UTC www.cybersoc.com [Source type: General]

    Essentially, the defense is that the person had such a bad reputation before the libel, that no further damage could possibly have been caused by the making of the statement.
  • No Third-party communication: If an employer were to bring an employee into a sound-proof, isolated room, and accuse him of embezzling company money, the employee would have no defamation recourse, since no one other than the would-be plaintiff and would-be defendant heard the false statement.
  • No actual injury: If there is third-party communication, but the third-party hearing the defamatory statement does not believe the statement, or does not care, then there is no injury, and therefore, no recourse.
.In addition to the above, the defendant may claim that the allegedly defamatory statement is not actually capable of being defamatory—an insulting statement that does not actually harm someone's reputation is prima facie not libelous.^ Defamation is a statement that harms the reputation of someone else.
  • Libel 10 February 2010 11:011 UTC www.olywa.net [Source type: Original source]

^ In addition to the above, the defendant may claim that the allegedly defamatory statement is not actually capable of being defamatory—an insulting statement that does not actually harm someone's reputation is prima facie not libelous.
  • Libel - Journawiki 10 February 2010 11:011 UTC journalism.wikia.com [Source type: Original source]
  • Defamation encyclopedia topics | Reference.com 19 January 2010 18:018 UTC www.reference.com [Source type: Original source]

^ The allegedly libelous statements were: .
  • http://www.una.edu/faculty/jlmcmullen/400libel.htm 10 February 2010 11:011 UTC www.una.edu [Source type: FILTERED WITH BAYES]
  • http://fly.hiwaay.net/~jmcmulle/400libel.htm 10 February 2010 11:011 UTC fly.hiwaay.net [Source type: FILTERED WITH BAYES]

.Also, the public figure doctrine, also called the absence of malice rule, may be used as a defense.^ Public figure doctrine (absence of malice) .
  • Defamation encyclopedia topics | Reference.com 19 January 2010 18:018 UTC www.reference.com [Source type: Original source]

^ Sullivan to so-called public figures.
  • Defamation and the First Amendment 19 January 2010 18:018 UTC www.freedomforum.org [Source type: Original source]

^ Also, the public figure doctrine, also called the absence of malice rule, may be used as a defense.
  • Defamation encyclopedia topics | Reference.com 19 January 2010 18:018 UTC www.reference.com [Source type: Original source]

Public figure doctrine (absence of malice)

.Special rules apply in the case of statements made in the press concerning public figures, which can be used as a defense.^ Special rules apply in the case of statements made in the press concerning public figures.

^ Also, the public figure doctrine, also called the absence of malice rule, may be used as a defense.
  • Defamation encyclopedia topics | Reference.com 19 January 2010 18:018 UTC www.reference.com [Source type: Original source]

^ Special rules apply in the case of statements made in the press concerning public figures, which can be used as a defense.
  • Defamation encyclopedia topics | Reference.com 19 January 2010 18:018 UTC www.reference.com [Source type: Original source]

A series of court rulings led by New York Times Co. v. .Sullivan, 376 U.S. 254 (1964) established that for a public official (or other legitimate public figure) to win a libel case, the statement must have been published knowing it to be false or with reckless disregard to its truth, (also known as actual malice).^ If the plaintiff is a public figure, he or she must also prove actual malice.
  • FAQ about Defamation -- Chilling Effects Clearinghouse 19 January 2010 18:018 UTC www.chillingeffects.org [Source type: Original source]

^ Sullivan standard, a public figure can’t win a libel case unless he’s able to prove that the person he’s suing made false, defamatory statements knowing they weren’t true, or showing reckless disregard for the truth.
  • Media Nation » libel 10 February 2010 11:011 UTC www.dankennedy.net [Source type: FILTERED WITH BAYES]

^ Sullivan case of 1964.
  • Libel Notes 10 February 2010 11:011 UTC www.runet.edu [Source type: Original source]

[18]
.Under United States law, libel generally requires five key elements.^ Under United States law, libel generally requires five key elements.

^ Sullivan , dramatically changing the nature of libel law in the United States.

^ United States law .

.The plaintiff must prove that the information was published, the plaintiff was directly or indirectly identified, the remarks were defamatory towards the plaintiff's reputation, the published information is false, and that the defendant is at fault.^ The defamatory remark must be clearly aimed at the plaintiff.
  • p2pnet news » Blog Archive » p2pnet sued for libel 10 February 2010 11:011 UTC www.p2pnet.net [Source type: General]

^ The plaintiff must prove that the information was published, the plaintiff was directly or indirectly identified, the remarks were defamatory towards the plaintiff's reputation, the published information is false, and that the defendant is at fault.
  • Defamation encyclopedia topics | Reference.com 19 January 2010 18:018 UTC www.reference.com [Source type: Original source]

^ The plaintiff must prove that the information was published, the defendant was directly or indirectly identified, the remarks were defamatory towards the plaintiff's reputation, the published information is false, and that the defendant is at fault.

.The Associated Press estimates that 95% of libel cases involving news stories do not arise from high-profile news stories, but "run of the mill" local stories like news coverage of local criminal investigations or trials, or business profiles.^ In a companion case, Associated Press v.
  • MAJOR CASES IN LIBEL LAW 10 February 2010 11:011 UTC www.csulb.edu [Source type: Original source]

^ The last Irish case on criminal libel .
  • cearta.ie » Archive for criminal libel 10 February 2010 11:011 UTC www.cearta.ie [Source type: FILTERED WITH BAYES]

^ The case involved an advertisement run in .
  • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

.Media liability insurance is available to newspapers to cover potential damage awards from libel lawsuits.^ Media liability insurance is available to newspapers to cover potential damage awards from libel lawsuits.
  • Libel - Journawiki 10 February 2010 11:011 UTC journalism.wikia.com [Source type: Original source]
  • Defamation encyclopedia topics | Reference.com 19 January 2010 18:018 UTC www.reference.com [Source type: Original source]

^ The court thus overturned a lower court's upholding of an award where the jury had decided against the claim of libel but had awarded damages for emotional distress.

^ Do they see their libel suit as an opportunity to profit by winning large damage awards?
  • Iowa Libel Research Project 10 February 2010 11:011 UTC faculty.wartburg.edu [Source type: Original source]

Defamation and freedom of speech

.Defamation laws may come into tension with freedom of speech, leading to censorship or chilling effects where publishers fear lawsuits, or loss of reputation where individuals have no effective protection against reckless or unfounded allegations.^ If you have harmed our reputation, then defamation law protects us.
  • Libel 10 February 2010 11:011 UTC www.olywa.net [Source type: Original source]

^ Defamation law protects businesses as well as individuals.
  • Libel 10 February 2010 11:011 UTC www.olywa.net [Source type: Original source]

^ Defamation law is supposed to balance the private right to protect one's reputation with the public right to freedom of speech.
  • Defamation Havens 19 January 2010 18:018 UTC outreach.lib.uic.edu [Source type: FILTERED WITH BAYES]

.Article 10 of the European Convention on Human Rights permits restrictions on freedom of speech when necessary to protect the reputation or rights of others.^ Article 10 of the European Convention on Human Rights permits restrictions on freedom of speech which are necessary for the protection of the reputation or the rights of others.
  • Defamation encyclopedia topics | Reference.com 19 January 2010 18:018 UTC www.reference.com [Source type: Original source]

^ The European Court of Human Rights has several times been invited to rule that it infringes the freedom of speech and the press under article 10 of the Convention.

^ Freedom of speech can also be considered a fundamental right, which in turn helps protect other rights.
  • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

[19]
.Jurisdictions resolve this tension in different ways, in particular in determining where the burden of proof lies when unfounded allegations are made.^ Jurisdictions resolve this tension in different ways, in particular in determining where the burden of proof lies when unfounded allegations are made.
  • Defamation encyclopedia topics | Reference.com 19 January 2010 18:018 UTC www.reference.com [Source type: Original source]

^ Remember, the burden of proof is different for a PUBLIC person who claims to have been libeled and a PRIVATE person who has been libeled.
  • http://fly.hiwaay.net/~jmcmulle/400libel.htm 10 February 2010 11:011 UTC fly.hiwaay.net [Source type: FILTERED WITH BAYES]

^ Whichever party bears the burden of proof, the newspaper will then be at risk of losing unless it brings some evidence to rebut the denial and support its allegations.

.The power of the internet to disseminate comment, which may include malicious comment, has brought a new focus to the issue.^ The power of the internet to disseminate comment, which may include malicious comment, has brought a new focus to the issue.
  • Defamation encyclopedia topics | Reference.com 19 January 2010 18:018 UTC www.reference.com [Source type: Original source]

^ But the outcry from editorialists and online commentators also showed that the Chinese public’s willingness to accept such untrammeled power may be diminishing.
  • China News: Libel | China Digital Times (CDT) 10 February 2010 11:011 UTC chinadigitaltimes.net [Source type: News]

^ Publishers of defamatory comments may also use the defense of innocent dissemination where they had no knowledge of the nature of the statement, it was not brought to their attention, and they were not negligent.
  • Libel - Journawiki 10 February 2010 11:011 UTC journalism.wikia.com [Source type: Original source]
  • Defamation encyclopedia topics | Reference.com 19 January 2010 18:018 UTC www.reference.com [Source type: Original source]

[20]
.There is a broader consensus against laws that criminalize defamation.^ There is a broader consensus against laws which criminalize defamation.
  • Defamation encyclopedia topics | Reference.com 19 January 2010 18:018 UTC www.reference.com [Source type: Original source]

^ The situation which exists now is that there are different defamation laws for each State and Territory.
  • Australian Defamation Laws and the Internet 19 January 2010 18:018 UTC www.efa.org.au [Source type: Original source]

^ Amendments to Australian Defamation Laws Australian Defamation Laws pre 2006 Introduction Lack of uniformity in Australian jurisdictions' defamation laws Civil and criminal defamation What is a defamatory publication?
  • Australian Defamation Laws and the Internet 19 January 2010 18:018 UTC www.efa.org.au [Source type: Original source]

.Human rights organizations, and other organizations such as the Council of Europe and Organization for Security and Co-operation in Europe, have campaigned against strict defamation laws that criminalize defamation.^ Defamation laws in other countries .
  • Australian Defamation Laws and the Internet 19 January 2010 18:018 UTC www.efa.org.au [Source type: Original source]

^ The US Supreme Court has said that "in the context of defamation law, the rights of the institutional media are no greater and no less than those enjoyed by other individuals and organizations engaged in the same activities."
  • FAQ about Defamation -- Chilling Effects Clearinghouse 19 January 2010 18:018 UTC www.chillingeffects.org [Source type: Original source]

^ In the United States, defamation laws are far less plaintiff friendly than the laws of other nations.

[21][22] .The European Court of Human Rights has placed restrictions on criminal libel laws because of the freedom of expression provisions of the European Convention on Human Rights.^ In European systems, criminal liability for defamation is virtually obsolete by reason of the freedom of expression provisions of Article 10 of the European Convention on Human Rights.

^ This issue was considered by the European Court of Human Rights in early 2005.
  • Digital Rights Ireland » Libel Laws In Ireland 10 February 2010 11:011 UTC www.digitalrights.ie [Source type: General]

^ The court, however, does not base its decision on the argument that freedom of expression is a human right.
  • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

One notable case was Lingens v. Austria (1986).

Defamation laws by jurisdiction

Internationally

1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.
2. Everyone has the right to the protection of the law against such interference or attacks.

Asia

Azerbaijan

.In Azerbaijan, the crime of defamation (Article 147) may result in a fine up to “500 times the amount of minimum salaries”, public work for up to 240 hours, correctional work for up to one year, or imprisonment of up to six months.^ She worked one hour of overtime in two years.
  • Avoiding Defamation in the Workplace, Giving References and Disciplining Empl... 19 January 2010 18:018 UTC library.findlaw.com [Source type: FILTERED WITH BAYES]

^ In one of the most famous cases, New York publisher John Peter Zenger was imprisoned for 8 months in 1734 for printing attacks on the governor of the colony.

^ If the number-one Google hit for your name is your work bio, Corporate Challenge race-time results, or nothing at all, consider yourself lucky.
  • Above the Law - A Legal Tabloid - News, Gossip, and Colorful Commentary on Law Firms and the Legal Profession - Defamation 19 January 2010 18:018 UTC abovethelaw.com [Source type: News]

.Penalties are aggravated to up to three years of prison if the victim is falsely accused of having committed a crime “of grave or very grave nature” (Article 147.2).^ Information presented in a "false light" is portrayed as factual, but creates a false impression about the plaintiff (i.e., a photograph of plaintiffs in an article about sexual abuse, because it creates the impression that the depicted persons are victims of sexual abuse).
  • FAQ about Defamation -- Chilling Effects Clearinghouse 19 January 2010 18:018 UTC www.chillingeffects.org [Source type: Original source]

^ The libelous articles falsely accused Mrs. Clow of slandering the high priest by revealing details of instances in which he had conducted himself in a lewd and impious fashion.
  • Libel Suit Against High Priest — Soka Spirit 10 February 2010 11:011 UTC sokaspirit.org [Source type: Original source]

^ It was not reasonably foreseeable in January 1997 that Mr. Bangoura would end up as a resident of Ontario three years later.
  • Defamation and SLAPPs 19 January 2010 18:018 UTC www.cippic.ca [Source type: Original source]

.The crime of insult (Article 148) can lead to a fine of up to 1000 times the minimum wage, or to the same penalties of defamation for public work, correctional work or imprisonment.^ Presumably, a public figure who is defamed by a private, or non-media speaker would not have to prove A actual malice, @ as that term was defined in New York Times v.
  • MAJOR CASES IN LIBEL LAW 10 February 2010 11:011 UTC www.csulb.edu [Source type: Original source]

^ In the same way that facts were denied a deceived American public in the lead-up to the March 2003 invasion of Iraq, this silencing campaign sought to deny students the facts required to understand the role of Israel in world affairs.
  • Anti-Defamation League | Criminal State 19 January 2010 18:018 UTC criminalstate.com [Source type: FILTERED WITH BAYES]

^ At the same time, there should be provision that in all cases prosecutions may be instituted only with the consent of the Director of Public Prosecutions.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

[23][24]
.According to the OSCE report on defamation laws, “Azerbaijan intends to remove articles on defamation and insult from criminal legislation and preserve them in the Civil Code”[25].^ Australian laws include offence provisions for civil defamation and criminal defamation.
  • Australian Defamation Laws and the Internet 19 January 2010 18:018 UTC www.efa.org.au [Source type: Original source]

^ The remainder of this document addresses civil, not criminal, defamation laws.
  • Australian Defamation Laws and the Internet 19 January 2010 18:018 UTC www.efa.org.au [Source type: Original source]

^ On 25 October 2005, the Queensland Attorney General Linda Lavarch announced that a Bill ( Defamation Bill 2005 ) to amend Queensland's defamation laws, in accord with proposed uniform national laws, had been introduced into Parliament and was expected to become effective from 1 January 2006.
  • Australian Defamation Laws and the Internet 19 January 2010 18:018 UTC www.efa.org.au [Source type: Original source]

Republic of Korea

.For such laws as “Defamation” -Act on Promotion of Information and Communications Network Utilization and Data Protection, etc.^ Such protection overrides the provisions of State/Territory defamation laws.
  • Australian Defamation Laws and the Internet 19 January 2010 18:018 UTC www.efa.org.au [Source type: Original source]

^ With reputation being such an important part of the business and political worlds, the law of defamation was put in place to protect people's reputations from unfair attack.

^ Having such power only provides opportunity for abuse - capricious acts on one’s enemy can be justified by reference to defamation of religion.
  • The Liberty Blog » Defamation of Religions at the UN 19 January 2010 18:018 UTC www.religiousliberty.info [Source type: Original source]

.(Republic of Korea [internet and email related laws]) – Park, 2005 CHAPTER IX Article 61 (Penal Provisions) This may show defamation varies significantly from North American laws and in general by country and by case.^ "Since principles of defamation law may be applied to the Internet...

^ Recent cases have addressed defamation law and the internet.
  • Defamation encyclopedia topics | Reference.com 19 January 2010 18:018 UTC www.reference.com [Source type: Original source]

^ Defamation laws in other countries .
  • Australian Defamation Laws and the Internet 19 January 2010 18:018 UTC www.efa.org.au [Source type: Original source]

.(1) Any person who has defamed any other person by alleging openly facts through information and communications networks [internet and email] with the purpose of slandering him shall be subject to imprisonment with or without prison labor for not more than 3 years or by a fine not exceeding 20 million won.^ English law allows actions for libel to be brought in the High Court for any published statements which are alleged to defame a named or identifiable individual or individuals in a manner which causes them loss in their trade or profession, or causes a reasonable person to think worse of him, her or them.
  • Libel - Journawiki 10 February 2010 11:011 UTC journalism.wikia.com [Source type: Original source]
  • Defamation encyclopedia topics | Reference.com 19 January 2010 18:018 UTC www.reference.com [Source type: Original source]

^ But, SAT and ACT ratings are not unrelated to IQ. It is more than passing curious, then, that members of each of these communities are so bitterly opposed to the latter, when they embrace the former as an everyday matter – well, every-year matter.
  • Sue for Libel? by Walter Block 10 February 2010 11:011 UTC www.lewrockwell.com [Source type: Original source]

^ A: If you have been defamed you may seek both actual damages, to recover the harm that you have suffered, and punitive damages to punish the person who made the remark … More Q: What Are The Elements Of A Defamation Claim?

.(2) Any person who has defamed any other person by alleging openly false facts via information and communications networks [internet and email]with the purpose of slandering him/her shall be subject to imprisonment with prison labor for not more than 7 years or the suspension of disqualification for not more than 10 years, or by a fine not exceeding 50 million won [approximately US$50,000 plus possible civil actions and related damages].^ The travel agent won £350,000 damages plus costs.

^ In other words, the fact that the statement was false is not enough to recover for defamation.

^ He had been fined 10,000 l .
  • Criminal Libel and the Duty of Juries 10 February 2010 11:011 UTC www.constitution.org [Source type: Original source]

.As of Dec 2009, cases were heard before Korean courts and individuals were fined w2,000,000 ($2,000) for true facts identified in Korea submitted by email to lawyers managing the said case in Canada - international “comity” procedure or “intent” seem unrelated.^ Church of Scientology of Toronto (1995), the Supreme Court of Canada rejected the actual malice test adopted in the US case New York Times Co.
  • Defamation encyclopedia topics | Reference.com 19 January 2010 18:018 UTC www.reference.com [Source type: Original source]

^ Castells’s lawyers argued the material was true and reflected the views of the general public, but the Spanish court refused to let the defendant submit evidence supporting this defense.
  • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

^ U.S courts have never before claimed jurisdiction over individuals who have no ties whatsoever to the U.S., other than suing an American in a foreign court.
  • Rivkin and Brown: 'Libel Tourism' Threatens Free Speech - WSJ.com 10 February 2010 11:011 UTC online.wsj.com [Source type: News]

[26]

Singapore

Rights groups such as Amnesty International have argued that "the misuse of defamation suits by ruling People's Action Party (PAP) leaders has contributed to a climate of self-censorship in Singapore and restricted the right of those Singaporeans with dissenting opinions to participate freely and fully in public life".[27]
.Owners of cybercafes may be held liable for libelous statements posted or possibly viewed in their establishments.^ Even the owners of cybercafes may be held liable for libelous statements posted or possibly viewed in their establishments.
  • Libel - Journawiki 10 February 2010 11:011 UTC journalism.wikia.com [Source type: Original source]
  • Defamation encyclopedia topics | Reference.com 19 January 2010 18:018 UTC www.reference.com [Source type: Original source]

^ You can be held liable if you REPEAT a libelous statement or distribute it!
  • http://fly.hiwaay.net/~jmcmulle/400libel.htm 10 February 2010 11:011 UTC fly.hiwaay.net [Source type: FILTERED WITH BAYES]

^ Also if Jon is liable for what is posted here, lets not get him in any more trouble particularly by hinting that he should destroy things which may have criminal liability for him or others.
  • p2pnet news » Blog Archive » p2pnet sued for libel 10 February 2010 11:011 UTC www.p2pnet.net [Source type: General]

[28]
.In 2001, DBS Bank was fined S$2 million (approx.^ In 2001, a Singapore bank was fined SG$2 million (approx.
  • Defamation encyclopedia topics | Reference.com 19 January 2010 18:018 UTC www.reference.com [Source type: Original source]

^ In 2001, a Singapore bank was fined $2 million for accidentally publishing a mildly libelous statement during the heated discussion of a takeover bid.

.1 million euros or 1 million US$ at the time) for accidentally publishing a mildly libelous statement during the heated discussion of a takeover bid for Overseas Union Bank.^ In 2001, a Singapore bank was fined $2 million for accidentally publishing a mildly libelous statement during the heated discussion of a takeover bid.

^ US$ at the time) for accidentally publishing a mildly libelous statement during the heated discussion of a takeover bid.
  • Defamation encyclopedia topics | Reference.com 19 January 2010 18:018 UTC www.reference.com [Source type: Original source]

^ The second contention is that the constitutional guarantees of freedom of speech and of the press are inapplicable here, at least so far as the Times is concerned, because the allegedly libelous statements were published as part of a paid, "commercial" advertisement.
  • New York Times Co. v. Sullivan 10 February 2010 11:011 UTC www.law.cornell.edu [Source type: Original source]

.The mistake was corrected very quickly, and there was no intent to do harm.^ The mistake was corrected very quickly, and there was no intent to do harm.

^ Harm was assumed to a plaintiff's reputation; there was no need to prove general damages.
  • Libel Notes 10 February 2010 11:011 UTC www.runet.edu [Source type: Original source]

^ THE fact is, that there is very little law upon the subject of libels to be found in the books, and what there is appears to be, for the most part, of no legitimate origin.
  • Criminal Libel and the Duty of Juries 10 February 2010 11:011 UTC www.constitution.org [Source type: Original source]

In fact, it was reported that no harm seems to have been done. .Nevertheless, the offended parties were awarded SG$1 million each.^ Nevertheless, the offended parties were awarded $1 million each.

.Apparently confirming the stringency of Singapore’s defamation law, Business Times declined to report on the matter because one of the libeled parties objected.^ Confirming the stringency of Singapore’s defamation law, Business Times declined to report on the matter because one of the libeled parties objected.

^ One of the most important cases in libel law is Times v.
  • http://www.una.edu/faculty/jlmcmullen/400libel.htm 10 February 2010 11:011 UTC www.una.edu [Source type: FILTERED WITH BAYES]

^ One question concerned the law of libel.

[29]
.On September 24, 2008, the High Court of Singapore, in a summary judgment by Justice Woo Bih Li, ruled that Hugo Restall, as editor of the Far Eastern Economic Review defamed Lee Kuan Yew and his son, Prime Minister Lee Hsien Loong by publishing an interview containing critical (and, in the court's opinion, defamatory) remarks by opposition leader Chee Soon Juan.^ This issue became prominent in Canada when then- Prime Minister of Canada Paul Martin threatened to sue the-Leader of the Opposition ?
  • OpenPolitics.ca : libel 10 February 2010 11:011 UTC openpolitics.ca [Source type: Original source]

^ On 10 December , 2002 , the High Court of Australia handed down its judgment in the Internet defamation dispute in the case of Gutnick v Dow Jones .

^ Some further light on Sir David's attitude to the role of libel law in public discourse may be shed by this note in his wikipedia entry: "In his practising days, he represented Singapore politician Lee Kuan Yew in his libel suits against the late opposition politician Joshua Benjamin Jeyaretnam."
  • Language Log » “Keep Libel Laws Out Of Science” 10 February 2010 11:011 UTC languagelog.ldc.upenn.edu [Source type: Original source]

[30]

Soviet Union

.In the former Soviet Union, defamatory insults “could only constitute a criminal offense, not a civil wrong”[31].^ Defamatory libel is equally valid as a criminal offense under the Criminal Code, according to the Supreme Court of Canada : R. v.

^ The American Civil Liberties Union is an organisation devoted to defending the US Constitution's first ten amendments, collectively known as the "Bill of Rights".
  • Defamation and SLAPPs 19 January 2010 18:018 UTC www.cippic.ca [Source type: Original source]

^ To do otherwise could "only result in a deterrence of speech which the Constitution makes free."

Europe

The ecommerce regulations (EC Directive), The "mere conduit" defence[32]

Albania

.According to the Criminal Code of Albania, defamation is a crime.^ According to Tremeear's Criminal Code, 2001 ?
  • OpenPolitics.ca : libel 10 February 2010 11:011 UTC openpolitics.ca [Source type: Original source]

^ Defamatory libel is equally valid as a criminal offense under the Criminal Code, according to the Supreme Court of Canada : R. v.

^ We shall see that even to view the crime and tort of defamation as the intersection of the criminal and tortious systems in this context is inaccurate for the crime and the tort differ in a number of respects.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

.Insulting (Article 119) can lead to a fine or up to six months of imprisonment (if in public, up to a year), while libel (Article 120) may result in a fine or up to a year of prison (up to 2 years when in public).^ A tendency to breach the public peace may point towards the gravity of the libel, but is not the sole factor to be taken into account.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ Section 5 provided that the penalty for maliciously publishing a defamatory libel ( simpliciter ) was to be imprisonment for a maximum of one year, or liability to a fine, or both.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ (CPLR section 215) With certain exceptions, an action based on "medical, dental or podiatric malpractice" must be commenced within two years and six months.
  • New York Real Estate Lawyers' Blog - New York Real Estate Litigation Attorneys' Blog - Finkelstein Newman Ferrara LLP 19 January 2010 18:018 UTC www.nyrealestatelawblog.com [Source type: FILTERED WITH BAYES]

.In addition, defamation of authorities, public officials or foreign representatives (Articles 227, 239 to 241) are separate crimes with maximum penalties varying from 1 to 3 years of imprisonment.^ Section 5 provided that the penalty for maliciously publishing a defamatory libel ( simpliciter ) was to be imprisonment for a maximum of one year, or liability to a fine, or both.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ However, I think that the public officials are more interesting to hear about when there is a little glamorizing added to the article.
  • Threats against members of our society generally fall into a category of speech deemed �fighting words� and are not within the protective boundaries of the First Amendment (Chiplinski v 10 February 2010 11:011 UTC www.bsos.umd.edu [Source type: Original source]

^ In his magazine article about violence in the Basque Country, Castells claimed that the government had not investigated or prosecuted murderers because it was protecting local officials involved in the crimes.
  • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

[33][34]

Austria

.In Austria, the crime of defamation is foreseen by Article 111 of the Criminal Code.^ In European systems, criminal liability for defamation is virtually obsolete by reason of the freedom of expression provisions of Article 10 of the European Convention on Human Rights.

^ We shall see that even to view the crime and tort of defamation as the intersection of the criminal and tortious systems in this context is inaccurate for the crime and the tort differ in a number of respects.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ Since it was impossible to prove the truth of value judgments, the requirement of the relevant provisions of the Austrian criminal code was impossible of fulfilment and infringed article 10 of the Convention.

.Related criminal offenses include “slander and assault” (Article 115), that happens “if a person insults, mocks, mistreats or threatens will ill-treatment another one in public”, and yet “malicious falsehood” (Article 297), defined as a false accusation that exposes someone to the risk of prosecution.^ Alabama, for example, has a criminal libel law which subjects to prosecution "any person who speaks, writes, or prints of and concerning another any accusation falsely and maliciously importing the commission by such person of a felony, or any other indictable offense involving moral turpitude," and which allows as punishment upon conviction a fine not exceeding $500 and a prison sentence of six months.
  • New York Times Co. v. Sullivan 10 February 2010 11:011 UTC www.law.cornell.edu [Source type: Original source]

^ Defamation is false and unprivileged spoken words or written publication, which exposes any living person to hatred, contempt, ridicule, or which causes him/her to be shunned or avoided, or which has a tendency to injure him/her in his/her trade or occupation.

^ Libel in California is a 'false and unprivileged publication by writing...or other fixed representation to the eye, which exposes any person to hatred, contempt, ridicule, or obloquy, or which causes him to be shunned or avoided, or which has a tendency to injure him in his occupation.'
  • Nuisance libel lawsuit against Eugenie Scott - The Panda's Thumb 10 February 2010 11:011 UTC pandasthumb.org [Source type: FILTERED WITH BAYES]

[35]

Belgium

.In Belgium, crimes against honour are foreseen in Chapter V of the Belgian Penal Code, Articles 443 to 453-bis.^ Ububov claimed articles printed in the Azadlyg and Femida 007 newspapers were inaccurate and damaged his dignity and honour, citing article 147.2 of the criminal code, slander by accusal of committing grave crimes.

.Someone is guilty of calumny « when law admits proof of the alleged fact » and of defamation “when law does not admit this evidence” (Article 443).^ For in these prosecutions all the matters in contest between the crown and the defendant upon an issue of Not guilty are mere matters of fact , without any the least mixture of matters of law.
  • Criminal Libel and the Duty of Juries 10 February 2010 11:011 UTC www.constitution.org [Source type: Original source]

^ (Beattie), the arbitrator considered a claim for damages for defamation but dismissed the claim based on the law and the evidence, agreeing that she had jurisdiction to assess the claim.
  • Defamation, Trademark, Copyright and Labour Law 19 January 2010 18:018 UTC www.mbwlaw.ca [Source type: Original source]

^ Memorandum on the ARTICLE 19 Programme of Action to Promote Good Defamation Laws (1999) (on file with author).
  • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

.The penalty is 8 days to one year of imprisonment, plus a fine (Article 444).^ Its penal code called for punishing anyone who “‘vituperates or otherwise insults a civil servant’” with fines or up to three years imprisonment.
  • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

^ As of that time, according to the ad, King had been arrested seven times and one of the charges was for "perjury" -- "an offense under which they could imprison him for ten years."
  • Media Law & Ethics: Class Notes: Section 4: Libel 10 February 2010 11:011 UTC www.class.uh.edu [Source type: FILTERED WITH BAYES]

.In addition, the crime of “calumnious denunciation” (Article 445) is punished with 15 days to six months in prison, plus a fine.^ According to the Spanish criminal code, insulting, falsely accusing, or threatening the government is punishable by imprisonment from six months to twelve years.
  • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

In any of the crimes covered by Chapter V of the Penal Code, the minimum penalty may be doubled (Article 453-bis) « when one of the motivations of the crime is hatred, contempt or hostility of a person due to his or her intended race, color of the skin, ancestry, national origin or ethnicity, nationality, gender, sexual orientation, marital status, place of birth, age, patrimony, philosophical or religious belief, present or future health condition, disability, native language, political beliefs, physical or genetical characteristic, or social origin.” [36] [37]

Bulgaria

.In Bulgaria, defamation is formally a criminal offense, but the penalty of imprisonment has been abolished in 1999. Articles 146 (insult), 147 (criminal defamation) and 148 (public insult) of the Criminal Code prescribe a penalty of fine.^ In a recent attempt to curb official abuse of criminal defamation law, the ECHR has narrowed the circumstances where scrutiny of public bodies and figures is defamatory.
  • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

^ Its penal code called for punishing anyone who “‘vituperates or otherwise insults a civil servant’” with fines or up to three years imprisonment.
  • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

^ Memorandum on the ARTICLE 19 Programme of Action to Promote Good Defamation Laws (1999) (on file with author).
  • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

[38]

Croatia

.In Croatia, the crime of insult prescribes a penalty of up to three months in prison, or a fine of “up to 100 daily incomes” (Criminal Code, Article 199).^ That statute made it a crime, punishable by a $5,000 fine and five years in prison, .
  • New York Times Co. v. Sullivan 10 February 2010 11:011 UTC www.law.cornell.edu [Source type: Original source]

^ Its penal code called for punishing anyone who “‘vituperates or otherwise insults a civil servant’” with fines or up to three years imprisonment.
  • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

^ The penalties are a maximum prison sentence of 1 year and a fine of $600, or where there is knowledge of falsity, prison with hard labour for 2 years and a fine of $11,000.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

.If the crime is committed in public, penalties are aggravated to up to six months of imprisonment, or a fine of “up to 150 daily incomes” (Article 199-2).^ Its penal code called for punishing anyone who “‘vituperates or otherwise insults a civil servant’” with fines or up to three years imprisonment.
  • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

^ Such is the intention of a man in breaking open and entering a house by night; which, if it be to commit a felony, makes the breaking and entering the house amount to the crime of burglary, which is punished with death; but if it be to commit a trespass only (as, for instance, to beat or frighten somebody in the house), makes it only a misdemeanour, which is punishable by fine and imprisonment.
  • Criminal Libel and the Duty of Juries 10 February 2010 11:011 UTC www.constitution.org [Source type: Original source]

^ According to the Spanish criminal code, insulting, falsely accusing, or threatening the government is punishable by imprisonment from six months to twelve years.
  • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

.Moreover, the crime of defamation occurs when someone affirms or disseminates false facts about other person that can damage his reputation.^ In other words, the fact that the statement was false is not enough to recover for defamation.

^ Generally, defamation consists of: (1) a false statement of fact about another; (2) an unprivileged publication of that statement to a third party; (3) some degree of fault, depending on the type of case; and (4) some harm or damage.

^ For example, if a person or the news media says or writes something about you that is understood to lower your reputation, or that keeps people from associating with you, defamation has occurred.

.The maximum penalty is one year in prison, or a fine of up to 150 daily incomes (Article 200-1).^ Section 5 provided that the penalty for maliciously publishing a defamatory libel ( simpliciter ) was to be imprisonment for a maximum of one year, or liability to a fine, or both.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ The defendant was fined, and sent to prison for a year, to be released upon his finding sureties for good behaviour throughout life, which he never found.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ The penalty for a conviction on indictment for blasphemous libel is a maximum fine of 500 or imprisonment for a maximum term of 2 years, or both, or penal servitude for a maximum term of 7 years, under section 13 (1).
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

.If the crime is committed in public, the prison term can reach one year (Article 200-2).^ The mere posting of an article on a website, even one that addressed conditions in Virginia prisons, was not enough to satisfy this burden.
  • Online Defamation/Libel/Communications Decency Act - Internet Library of Law and Court Decisions 19 January 2010 18:018 UTC www.internetlibrary.com [Source type: FILTERED WITH BAYES]

^ Which is important because English law imposes a statutory limitation of one year after publication for someone to bring a defamation action.
  • WITN?: In sort-of defence of Britain's ridiculous libel laws 10 February 2010 11:011 UTC www.techcrunch.com [Source type: General]

^ That statute made it a crime, punishable by a $5,000 fine and five years in prison, .
  • New York Times Co. v. Sullivan 10 February 2010 11:011 UTC www.law.cornell.edu [Source type: Original source]

.On the other hand, according to Article 203, there is an exemption for the application of the aforementioned articles (insult and defamation) when the specific context is that of a scientific work, literary work, work of art, public information conducted by a politician or a government official, journalistic work, or the defense of a right or the protection of justifiable interests, in all cases provided that the conduct was not aimed at damaging someone's reputation.^ Protection of the public interest.

^ Article 29(1) provides for the offence of defamation.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ Official conduct of public officials.
  • MAJOR CASES IN LIBEL LAW 10 February 2010 11:011 UTC www.csulb.edu [Source type: Original source]

[39]

Czech Republic

.According to the Czech Criminal Code, Article 184, defamation is a crime.^ Defamatory libel is equally valid as a criminal offense under the Criminal Code, according to the Supreme Court of Canada : R. v.

^ In European systems, criminal liability for defamation is virtually obsolete by reason of the freedom of expression provisions of Article 10 of the European Convention on Human Rights.

^ We shall see that even to view the crime and tort of defamation as the intersection of the criminal and tortious systems in this context is inaccurate for the crime and the tort differ in a number of respects.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

.Penalties may reach a maximum prison term of one year (Article 184-1) or, if the crime is committed through the press, film, radio, TV, publicly accessible computer network, or by “similarly effective” methods, the offender may stay in prison for up to two years or be prohibited of exercising a specific activity.^ Section 5 provided that the penalty for maliciously publishing a defamatory libel ( simpliciter ) was to be imprisonment for a maximum of one year, or liability to a fine, or both.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ The penalty for a conviction on indictment for blasphemous libel is a maximum fine of 500 or imprisonment for a maximum term of 2 years, or both, or penal servitude for a maximum term of 7 years, under section 13 (1).
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ The mere posting of an article on a website, even one that addressed conditions in Virginia prisons, was not enough to satisfy this burden.
  • Online Defamation/Libel/Communications Decency Act - Internet Library of Law and Court Decisions 19 January 2010 18:018 UTC www.internetlibrary.com [Source type: FILTERED WITH BAYES]

[40]

Denmark

.In Denmark, libel is a crime, as defined by Article 267 of the Danish Criminal Code, with a penalty of up to six months in prison or a fine, with proceedings initiated by the victim.^ Libel is defined in Article 261.2 of the Penal Code as follows: .
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ Section 60 (2) of the Canadian Criminal Code provides that a seditious libel is a libel that expresses a seditious intention.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ The wording of the Constitutional immunity in respect of Parliamentary utterances appears to apply to the crime of libel also, since Article 15.12 provides that .
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

.In addition, Article 266-b prescribes a maximum prison term of two years in the case of public defamation aimed at a group of persons because of their race, color, national or ethnic origin, religion or “sexual inclination”[41][42].^ Hatred against a group of persons in the State or elsewhere on account of their race, colour, nationality, religion, ethnic or national origins, membership of the travelling community or sexual orientation ....
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ Likewise, in the case of internet publications, they say that an English court should take jurisdiction only if the article in question was “advertised or promoted in England”.

^ This is important because an attack on a persons character or reputation can be harmful because it can ruin them in the eyes of the public, especially a publicly elected official.
  • Threats against members of our society generally fall into a category of speech deemed �fighting words� and are not within the protective boundaries of the First Amendment (Chiplinski v 10 February 2010 11:011 UTC www.bsos.umd.edu [Source type: Original source]

Finland

.In Finland, defamation is a crime, according to the Penal Code, Chapter 24, Section 9, Clause (1), § (1), with a penalty of imprisonment of up to six months or a fine.^ Section 13 of the Defamation Act 1961 covers the penalties and procedure in respect of blasphemous matter.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ Similar provisions have been incorporated into the Penal Code of 1965: chapter 5, sections 1 and 3.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ Section 5 provided that the penalty for maliciously publishing a defamatory libel ( simpliciter ) was to be imprisonment for a maximum of one year, or liability to a fine, or both.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

.When the defamation occurs in public, the crime is “aggravated defamation” (Chapter 24, Section 10), with a maximum punishment of two years in prison or a fine.^ That statute made it a crime, punishable by a $5,000 fine and five years in prison, .
  • New York Times Co. v. Sullivan 10 February 2010 11:011 UTC www.law.cornell.edu [Source type: Original source]

^ The common law rule that a master was liable for all publications of his servant or agent was mitigated by section 7 of the Libel Act 1843, which is reproduced in section 7 of the Irish Defamation Act 1961.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ Section 15 of the Defamation Act 1961 treats such broadcasts as publication in permanent form, and therefore as libels, but is applicable to civil proceedings only .
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

.In addition, there’s also a crime called “invasion of personal reputation” (Chapter 24, Section 8), that deals with the public dissemination of information that can harm one’s private life.^ When the law says that the words must be discrediting, it means that they must somehow harm, injure, disparage or adversely affect a person's reputation.
  • Defamation and SLAPPs 19 January 2010 18:018 UTC www.cippic.ca [Source type: Original source]

^ This is important because an attack on a persons character or reputation can be harmful because it can ruin them in the eyes of the public, especially a publicly elected official.
  • Threats against members of our society generally fall into a category of speech deemed �fighting words� and are not within the protective boundaries of the First Amendment (Chiplinski v 10 February 2010 11:011 UTC www.bsos.umd.edu [Source type: Original source]

^ A private citizen may sue for actual injury, which the court said includes impairment of reputation, personal humiliation and mental anguish, as well as financial loss.
  • Media Law & Ethics: Class Notes: Section 4: Libel 10 February 2010 11:011 UTC www.class.uh.edu [Source type: FILTERED WITH BAYES]

.However, personalities involved in the fields of politics, business, public office or public position, “or in a comparable position”, are specifically not protected by this article.^ He added, however, that no person should be in a position to enforce such sounds and sights on unwilling ears.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ "The court should be slow to conclude that a publication was not in the public interest and therefore the public had no right to know, especially when the information is in the field of political discussion.

^ Attacks upon individuals may damage the public interest, especially where the victim is person in a position of public responsibility.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

[43][44]

Germany

.In German law, there is no distinction between libel and slander.^ There was no such thing as a public libel known to the law.
  • Criminal Libel and the Duty of Juries 10 February 2010 11:011 UTC www.constitution.org [Source type: Original source]

^ The modern distinction between libel and slander was not introduced until after the Restoration.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ In Irish law there is no crime of slander.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

German defamation lawsuits are increasing.[45] .The relevant offences of Germany's Criminal Code are §90 (Denigration of the President of State), §90a (Denigration of the State and its Symbols), §90b (Unconstitutional denigration of the Organs of the Constitution), §185 ("insult"), §186 (Defamation of character), §187 (Defamation with deliberate untruths), §188 (Political defamation with increased penalties for offending against paras 186 and 187), §189 (Denigration of a deceased person), , §192 ("insult" with true statements).^ In addition, the defendant officers of the AMA issued a news release which alleged continued killings and criminal activities by the plaintiff, and the MSMS distributed the statements made by the AMA. The plaintiff brought suit against the defendants for defamation.

^ If the offence is to be retained, it must surely be on the basis that it seeks to prevent a narrow category of deliberate character assassination, which is an important shift from being an offence against public order to an offence against the person.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ Article 7 states that no one shall by held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

.Other sections relevant to prosecution of these offences are §190 (Criminal conviction as proof of truth), §193 (No defamation in the pursuit of rightful interests), §194 (The Application for a criminal prosecution under these paragraphs), §199 (Mutual insult allowed to be left unpunished), and §200 (Method of proclamation).^ Truth has no rights.
  • Overcoming Bias : Libel, Slander, Blackmail 10 February 2010 11:011 UTC www.overcomingbias.com [Source type: Original source]

^ Under section 15(2) prosecutions in respect of the above offences must be brought at the suit of and in the name of the Director of Public Prosecutions.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ This memorandum concerns the legitimacy of custodial sanctions for defamation under international human rights norms.
  • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

.Paragraph 188 has been criticized for allowing certain public figures additional protection against criticism.^ The plaintiff was a public figure, and the defendants' speech pertained to matters of public concern, and thus the speech is entitled to maximum protection.

^ We are required in this case to determine for the first time the extent to which the constitutional protections for speech and press limit a State's power to award damages in a libel action brought by a public official against critics of his official conduct.
  • New York Times Co. v. Sullivan 10 February 2010 11:011 UTC www.law.cornell.edu [Source type: Original source]

^ Moreover, public figures, like public officials, have considerable access to the mass media, both to influence policy and to counter criticism.
  • MAJOR CASES IN LIBEL LAW 10 February 2010 11:011 UTC www.csulb.edu [Source type: Original source]

Greece

In Greece, the maximum prison term for defamation, libel or insult is five years, while the maximum fine is € 15,000.[46]
.The crime of insult (Article 361, § 1, of the Penal Code) may lead to up to one year of imprisonment and/or a fine, while unprovoked insult (Article 361-A, § 1) is punished with at least three months in prison.^ That statute made it a crime, punishable by a $5,000 fine and five years in prison, .
  • New York Times Co. v. Sullivan 10 February 2010 11:011 UTC www.law.cornell.edu [Source type: Original source]

^ Section 5 provided that the penalty for maliciously publishing a defamatory libel ( simpliciter ) was to be imprisonment for a maximum of one year, or liability to a fine, or both.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ The defendant was fined, and sent to prison for a year, to be released upon his finding sureties for good behaviour throughout life, which he never found.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

.In addition, defamation may result in up to two months in prison and/or a fine, while aggravated defamation can lead to at least 3 months of prison, plus a possible fine (Article 363) and deprivation of the offender's civil rights.^ The United Kingdom is obliged under article 40 of the International Covenant on Civil and Political Rights to submit periodic reports on its compliance with the Covenant.

^ In addition, employers that refuse to give references may still be liable for defamation based upon the theory of compelled self-publication.
  • Avoiding Defamation in the Workplace, Giving References and Disciplining Empl... 19 January 2010 18:018 UTC library.findlaw.com [Source type: FILTERED WITH BAYES]

^ The offence is aggravated if the fact is untrue and stated with knowledge of its falsity by virtue of Article 363.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

.Finally, disparaging the memory of a deceased person is punished with imprisonment of up to 6 months (Penal Code, Article 365).^ Its penal code called for punishing anyone who “‘vituperates or otherwise insults a civil servant’” with fines or up to three years imprisonment.
  • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

^ Article 362 of the Penal Code makes it an offence to state or disseminate a fact which is detrimental to another's honour or reputation, unless the defendant can prove its truth.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ According to the Spanish criminal code, insulting, falsely accusing, or threatening the government is punishable by imprisonment from six months to twelve years.
  • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

[47]

Italy

In Italy, there are different crimes against honor. .The crime of injury (Article 594 of the Penal Code) refers to offending one's honor and is punished with up to six months in prison or up to 516 Euros in fine.^ Its penal code called for punishing anyone who “‘vituperates or otherwise insults a civil servant’” with fines or up to three years imprisonment.
  • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

^ Article 362 of the Penal Code makes it an offence to state or disseminate a fact which is detrimental to another's honour or reputation, unless the defendant can prove its truth.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ According to the Spanish criminal code, insulting, falsely accusing, or threatening the government is punishable by imprisonment from six months to twelve years.
  • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

.If the offense refers to the attribution of a determined fact and is committed before many persons, penalties are doubled to up to a year in prison or up to 1032 Euros in fine.^ Section 5 provided that the penalty for maliciously publishing a defamatory libel ( simpliciter ) was to be imprisonment for a maximum of one year, or liability to a fine, or both.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ The defendant was fined, and sent to prison for a year, to be released upon his finding sureties for good behaviour throughout life, which he never found.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ The penalty for a conviction on indictment for blasphemous libel is a maximum fine of 500 or imprisonment for a maximum term of 2 years, or both, or penal servitude for a maximum term of 7 years, under section 13 (1).
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

.In addition, the crime of defamation (Article 595, Penal Code) refers to any other situation involving offending one’s reputation before many persons, and has a penalty of up to a year in prison or up to 1032 Euros in fine, doubled to up to two years in prison or a fine of 2065 Euros if the offense consists of the attribution of a determined fact.^ The time you have to file a lawsuit- called a "statute of limitations" - can be as little as one year for defamation, so contact a lawyer right away if you think you may need to sue in order to correct the damage done to your reputation.

^ Alabama, for example, has a criminal libel law which subjects to prosecution "any person who speaks, writes, or prints of and concerning another any accusation falsely and maliciously importing the commission by such person of a felony, or any other indictable offense involving moral turpitude," and which allows as punishment upon conviction a fine not exceeding $500 and a prison sentence of six months.
  • New York Times Co. v. Sullivan 10 February 2010 11:011 UTC www.law.cornell.edu [Source type: Original source]

^ The statements you made were true What you said isn't a statement of fact, but one of opinion Your statements were privileged (the interest you had in communicating your statement outweighed the defamed person's interest in protecting their reputation) The privilege defense usually applies to reporters covering government activities, those reporting questionable activities to the authorities and persons sharing a common interest.

.When the offense happens by the means of the press or by any other means of publicity, or in a public demonstration, the penalty is of imprisonment from six months to three years, or a fine of at least 516 Euros.^ The maximum fine for maliciously publishing a defamatory libel with knowledge of its falsity is a fine of 500 or imprisonment for 2 years, or both.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ Two cases, following three years after New York Times , extended the Times rule to what became known as A public figures.
  • MAJOR CASES IN LIBEL LAW 10 February 2010 11:011 UTC www.csulb.edu [Source type: Original source]

^ Its penal code called for punishing anyone who “‘vituperates or otherwise insults a civil servant’” with fines or up to three years imprisonment.
  • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

[48]
.Finally, Article 31 of the Penal Code establishes that crimes committed with abuse of power or with abuse of a profession or art, or with the violation of a duty inherent to that profession or art, lead to the additional penalty of a temporary ban in the exercise of that profession or art.^ Article 362 of the Penal Code makes it an offence to state or disseminate a fact which is detrimental to another's honour or reputation, unless the defendant can prove its truth.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ Ububov claimed articles printed in the Azadlyg and Femida 007 newspapers were inaccurate and damaged his dignity and honour, citing article 147.2 of the criminal code, slander by accusal of committing grave crimes.

^ Libel is defined in Article 261.2 of the Penal Code as follows: .
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

[49][50]

Norway

.In Norway, defamation is a crime punished with imprisonment of up to 6 months or a fine (Penal Code, Chapter 23, § 246).^ Similar provisions have been incorporated into the Penal Code of 1965: chapter 5, sections 1 and 3.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ The penalty for a conviction on indictment for blasphemous libel is a maximum fine of 500 or imprisonment for a maximum term of 2 years, or both, or penal servitude for a maximum term of 7 years, under section 13 (1).
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ If it is assumed that the severity of the punishment acts as a deterrent, then the deterrent effect of the present crime of defamation is doubtful.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

.When the offense is likely to harm one's “good name” and reputation, or exposes him to hatred, contempt or loss of confidence, the maximum prison term goes up to one year, and if the defamation happens in print, in broadcasting or through a especially aggravating circumstance, imprisonment may reach two years (§ 247).^ The time you have to file a lawsuit- called a "statute of limitations" - can be as little as one year for defamation, so contact a lawyer right away if you think you may need to sue in order to correct the damage done to your reputation.

^ Libel in California is a 'false and unprivileged publication by writing...or other fixed representation to the eye, which exposes any person to hatred, contempt, ridicule, or obloquy, or which causes him to be shunned or avoided, or which has a tendency to injure him in his occupation.'
  • Nuisance libel lawsuit against Eugenie Scott - The Panda's Thumb 10 February 2010 11:011 UTC pandasthumb.org [Source type: FILTERED WITH BAYES]

^ It was written over a century ago and says that "tending to blacken the memory of one who is dead" or to "expose the natural defects of one who is alive, and thereby to expose him to public hatred, contempt or ridicule" counts as libel.
  • Libel stories at Techdirt. 10 February 2010 11:011 UTC www.techdirt.com [Source type: General]

.When the offender acts “against his better judgement”, he is liable to a maximum prison term of three years (§ 248).^ Section 5 provided that the penalty for maliciously publishing a defamatory libel ( simpliciter ) was to be imprisonment for a maximum of one year, or liability to a fine, or both.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ The penalty for a conviction on indictment for blasphemous libel is a maximum fine of 500 or imprisonment for a maximum term of 2 years, or both, or penal servitude for a maximum term of 7 years, under section 13 (1).
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ The penalties are a maximum prison sentence of 1 year and a fine of $600, or where there is knowledge of falsity, prison with hard labour for 2 years and a fine of $11,000.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

.According to § 251, defamation lawsuits must be initiated by the offended person, unless the defamatory act was directed to an indefinite group or a large number of persons, when it may also be prosecuted by public authorities.^ If defamation is directed a members of a group, the members of that group may sue.
  • http://www.una.edu/faculty/jlmcmullen/400libel.htm 10 February 2010 11:011 UTC www.una.edu [Source type: FILTERED WITH BAYES]
  • http://fly.hiwaay.net/~jmcmulle/400libel.htm 10 February 2010 11:011 UTC fly.hiwaay.net [Source type: FILTERED WITH BAYES]

^ Public figure status may be accorded to: .

^ If you're a public official or figure, such as a politician, celebrity or some other well-known person, you'll have to prove you were defamed with "actual malice."

[51][52]

Poland

.In Poland, defamation is a crime that consists of accusing someone of a conduct that may degrade him in public opinion or expose him “to the loss of confidence necessary for a given position, occupation or type of activity”.^ The position in relation to the crime of libel is not settled, but it may be that intention to defame is necessary.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ Generally, defamation consists of: (1) a false statement of fact about another; (2) an unprivileged publication of that statement to a third party; (3) some degree of fault, depending on the type of case; and (4) some harm or damage.

^ Libel in California is a 'false and unprivileged publication by writing...or other fixed representation to the eye, which exposes any person to hatred, contempt, ridicule, or obloquy, or which causes him to be shunned or avoided, or which has a tendency to injure him in his occupation.'
  • Nuisance libel lawsuit against Eugenie Scott - The Panda's Thumb 10 February 2010 11:011 UTC pandasthumb.org [Source type: FILTERED WITH BAYES]

.Penalties include fine, limitation of liberty and imprisonment for up to a year (Article 212.1 of the Criminal Code).^ Section 212 contains a provision which resembles a limited version of the defence of qualified privilege in the Canadian Code .
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ This is less serious and the penalty is usually limited to a fine.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ Section 5 provided that the penalty for maliciously publishing a defamatory libel ( simpliciter ) was to be imprisonment for a maximum of one year, or liability to a fine, or both.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

The penalty is more severe when the offense happens through the media (Article 212.2).[53] .When the insult is public and aims at offending a group of people or an individual because of his or their nationality, ethnicity, race, religion or lack of religion, the maximum prison term is 3 years.^ We have considered the issue of mixed matter, that is matter which contributes to public discussion of an issue or is a serious literary achievement, but in which the speaker uses strong terms to expose what he perceives to be the flaws of a religion.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ The penalty for a conviction on indictment for blasphemous libel is a maximum fine of 500 or imprisonment for a maximum term of 2 years, or both, or penal servitude for a maximum term of 7 years, under section 13 (1).
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ We accept that this will exclude matter which has as its primary aim the contribution to public discussion but which incidentally insults or offends, but we feel the offence should be carefully confined.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

[54]

Portugal

.In Portugal, defamation crimes are: “defamation” (article 180 of the Penal Code; up to six months in prison, or a fine of up to 240 days), “injuries” (art.^ That statute made it a crime, punishable by a $5,000 fine and five years in prison, .
  • New York Times Co. v. Sullivan 10 February 2010 11:011 UTC www.law.cornell.edu [Source type: Original source]

^ Its penal code called for punishing anyone who “‘vituperates or otherwise insults a civil servant’” with fines or up to three years imprisonment.
  • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

^ Article 362 of the Penal Code makes it an offence to state or disseminate a fact which is detrimental to another's honour or reputation, unless the defendant can prove its truth.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

181; up to 3 months in prison, or a fine up to 120 days), and “offense to the memory of a deceased person” (art. 185; up to 6 months in prison or a fine of up 240 days). Penalties are aggravated in cases with publicity (art. .183; up to two years in prison or at least 120 days of fine) and when the victim is an authority (art.184; all other penalties aggravated by an extra half).^ The defendant was fined, and sent to prison for a year, to be released upon his finding sureties for good behaviour throughout life, which he never found.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ The minister’s lawyer demanded a two-year prison sentence and is considering appealing the sentence.

^ That statute made it a crime, punishable by a $5,000 fine and five years in prison, .
  • New York Times Co. v. Sullivan 10 February 2010 11:011 UTC www.law.cornell.edu [Source type: Original source]

.There is yet the extra penalty of “public knowledge of the court decision” (costs paid by the defamer) (art.^ Defamation was well described in a 1970 British Columbia Court of Appeal decision called Murphy v.
  • p2pnet news » Blog Archive » p2pnet sued for libel 10 February 2010 11:011 UTC www.p2pnet.net [Source type: General]

^ Virtually all of the "public official" plaintiffs sue on contingency, and few of them pay any costs or fees unless they win in court -- which they hardly ever do.
  • Iowa Libel Research Project 10 February 2010 11:011 UTC faculty.wartburg.edu [Source type: Original source]

^ In its decision the Court cogently stated the applicable rules of both single publication and republication.
  • Online Defamation/Libel/Communications Decency Act - Internet Library of Law and Court Decisions 19 January 2010 18:018 UTC www.internetlibrary.com [Source type: FILTERED WITH BAYES]

.189 of Penal Code) and also the crime of “incitation of a crime” (article 297; up to 3 years in prison, or fine).^ That statute made it a crime, punishable by a $5,000 fine and five years in prison, .
  • New York Times Co. v. Sullivan 10 February 2010 11:011 UTC www.law.cornell.edu [Source type: Original source]

^ Its penal code called for punishing anyone who “‘vituperates or otherwise insults a civil servant’” with fines or up to three years imprisonment.
  • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

^ He was sentenced to pay a fine of five hundred pounds, to remain a prisoner five years, and to find sureties for his good behaviour during life.
  • Criminal Libel and the Duty of Juries 10 February 2010 11:011 UTC www.constitution.org [Source type: Original source]

[55][56]

Spain

.In Spain, the crime of calumny (Article 205 of the Penal Code) consists of offending one's reputation knowing the falsity of the offense, or with a reckless contempt for truth.^ Did Malcom know the quotes were false or had been altered and publish them anyway, thereby acting with malice or reckless disregard for the truth?
  • http://fly.hiwaay.net/~jmcmulle/400libel.htm 10 February 2010 11:011 UTC fly.hiwaay.net [Source type: FILTERED WITH BAYES]

^ The tort, in short, has been transformed from a tort of libel to a tort for abuse of constitutional privilege, regardless of truth or falsity and irrespective of reputational harm.
  • Iowa Libel Research Project 10 February 2010 11:011 UTC faculty.wartburg.edu [Source type: Original source]

^ Judge: So, no one knows who’s reputation was at stake ?
  • p2pnet news » Blog Archive » p2pnet sued for libel 10 February 2010 11:011 UTC www.p2pnet.net [Source type: General]

.Penalties for cases with publicity are imprisonment from six months to two years or a fine of 12 to 24 months-fine, and for other cases only a fine of 6 to 12 months-fine (Article 206).^ Likewise, in the case of internet publications, they say that an English court should take jurisdiction only if the article in question was “advertised or promoted in England”.

^ Other authors and publications faced with the possibility of losing a libel case have issued apologies and pulped entire print runs.
  • Libel cases flourish overseas | Marketplace From American Public Media 10 February 2010 11:011 UTC marketplace.publicradio.org [Source type: General]

^ Gavril Belostoksky is the only child-saint in the Russian Orthodox Church, six years old from the village of Zverki in Belarus, who allegedly died in 1690.

.Additionally, the crime of injury (Article 208 of the Penal Code) consists of hurting someone's dignity, depreciating his reputation or injuring his self-esteem, and is only applicable if the offense, by its nature, effects and circumstances, is considered by the general public as strong.^ And since there is no double jeopardy limitation applicable to civil lawsuits, this is not the only judgment that may be awarded against petitioners for the same publication.
  • New York Times Co. v. Sullivan 10 February 2010 11:011 UTC www.law.cornell.edu [Source type: Original source]

^ The privilege generally extends only to opinions expressed about matters of public interest.
  • MAJOR CASES IN LIBEL LAW 10 February 2010 11:011 UTC www.csulb.edu [Source type: Original source]

^ In addition, it would force courts to consider other rights, like the rights to reputation and privacy, and thus threaten to decrease protections in countries with strong freedom of expression laws.
  • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

Injury has a penalty of fine from 3 to 7 months-fine, or from 6 to 14 months-fine when it's strong and with publicity. .According to Article 216, an additional penalty to calumny or injury may be imposed by the judge, determining the publication of the judicial decision (in a newspaper) at the expenses of the defamer.^ Judge Edgerton spoke for a unanimous court which affirmed the dismissal of a Congressman's libel suit based upon a newspaper article charging him with anti-Semitism in opposing a judicial appointment.
  • New York Times Co. v. Sullivan 10 February 2010 11:011 UTC www.law.cornell.edu [Source type: Original source]

^ Narco News, its website, and the writers who post information, are entitled to all the First Amendment protections accorded a newspaper-magazine or journalist in defamation suits...

^ A 2005 decision by the Massachusetts Supreme Judicial Court is being appealed by the Boston Globe because the newspaper and its former reporter were not allowed to defend themselves.
  • http://www.una.edu/faculty/jlmcmullen/400libel.htm 10 February 2010 11:011 UTC www.una.edu [Source type: FILTERED WITH BAYES]

[57][58]

Sweden

.In Sweden, defamation is foreseen in Chapter 5, Section 1, of the Criminal Code and consists of pointing out someone as a criminal or as “having a reprehensible way of living”, or of providing information about him “intended to cause exposure to the disrespect of others”.^ Defamation consists of accusing another of being a criminal or reprehensible because of his way of life, or the publication of other information which would expose the person to the contempt of others.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ Having made the showing necessary for immunity under Section 230 of the CDA, the Third Circuit affirmed the dismissal of plaintiff’s defamation claim.
  • Online Defamation/Libel/Communications Decency Act - Internet Library of Law and Court Decisions 19 January 2010 18:018 UTC www.internetlibrary.com [Source type: FILTERED WITH BAYES]

^ Section 513(2) of the Code provides that a count for publishing a defamatory libel can specify the sense of the libel by assertion to show how the libel was written in that sense.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

The penalty is a fine. .Additionally, the crime of “gross defamation” has a penalty of up to 2 years in prison or a fine, where “gross” is characterized when the information, because of its content or the scope of its dissemination, is calculated to produce “serious damage” (Chapter 5, Section 2).^ Section 13 of the Defamation Act 1961 covers the penalties and procedure in respect of blasphemous matter.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ The other attempt by Nemet to get around the Section 230 issue was to say that because it couldn't figure out who one of the complaints came from, ConsumerAffairs must have made it up, and thus it was liable since it created the content.
  • Defamation stories at Techdirt. 19 January 2010 18:018 UTC techdirt.com [Source type: General]
  • Defamation stories at Techdirt. 19 January 2010 18:018 UTC ww.techdirt.com [Source type: General]

^ Section 5 provided that the penalty for maliciously publishing a defamatory libel ( simpliciter ) was to be imprisonment for a maximum of one year, or liability to a fine, or both.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

.Other insults not characterized as defamation or gross defamation constitute the crime of “insulting behavior”, punishable with a fine or, if it's “gross”, with up to six months of prison or a fine (Section 3).^ Alabama, for example, has a criminal libel law which subjects to prosecution "any person who speaks, writes, or prints of and concerning another any accusation falsely and maliciously importing the commission by such person of a felony, or any other indictable offense involving moral turpitude," and which allows as punishment upon conviction a fine not exceeding $500 and a prison sentence of six months.
  • New York Times Co. v. Sullivan 10 February 2010 11:011 UTC www.law.cornell.edu [Source type: Original source]

^ (CPLR section 215) With certain exceptions, an action based on "medical, dental or podiatric malpractice" must be commenced within two years and six months.
  • New York Real Estate Lawyers' Blog - New York Real Estate Litigation Attorneys' Blog - Finkelstein Newman Ferrara LLP 19 January 2010 18:018 UTC www.nyrealestatelawblog.com [Source type: FILTERED WITH BAYES]

^ That statute made it a crime, punishable by a $5,000 fine and five years in prison, .
  • New York Times Co. v. Sullivan 10 February 2010 11:011 UTC www.law.cornell.edu [Source type: Original source]

.According to Section 4 of Chapter 5, defamation of a deceased person also results in liability under Sections 1 or 2.[59] Finally, according to the Swedish Freedom of the Press Act, Chapter 7, both criminal and civil lawsuits may be brought to court under the law on libel.^ COURT - (criminal and civil at any level.

^ Plainly the Alabama law of civil libel is .
  • New York Times Co. v. Sullivan 10 February 2010 11:011 UTC www.law.cornell.edu [Source type: Original source]

^ The civil law affords adequate remedy to the person defamed and adequate deterrent to the defamer.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

[60]

Switzerland

.In Switzerland, the crime of "calumny" is punished with a maximum term of three years in prison, or with a fine of at least 30 days-fine, according to Article 174-2 of the Swiss Criminal Code.^ That statute made it a crime, punishable by a $5,000 fine and five years in prison, .
  • New York Times Co. v. Sullivan 10 February 2010 11:011 UTC www.law.cornell.edu [Source type: Original source]

^ Its penal code called for punishing anyone who “‘vituperates or otherwise insults a civil servant’” with fines or up to three years imprisonment.
  • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

^ Subscription Analyze Iranian Islamic Criminal Punishment I want help you to understand principle of Islamic criminal law and describe Islamic crimes and punishment (penance).

.There is calumny when the offender knows the falsity of his/her allegations and intentionally looks to ruin the reputation of one’s victim (see Articles 174-1 and 174-2).^ Another article in Brills, recounts the story of a doctor whose reputation was ruined because of irresponsible reporting.
  • http://fly.hiwaay.net/~jmcmulle/400libel.htm 10 February 2010 11:011 UTC fly.hiwaay.net [Source type: FILTERED WITH BAYES]

^ Diploma The Characteristics of a Character Assassin The definition of a character assassin is one who attacks another with the intent to ruin their reputation.

^ Times, in its own files, had articles already published which would have demonstrated the falsity of the allegations in the advertisement; .
  • New York Times Co. v. Sullivan 10 February 2010 11:011 UTC www.law.cornell.edu [Source type: Original source]

[61]
.On the other hand, "difamation" is punished only with a maximum fine of 180 days-fine (Article 173-1).^ In 2002, a broken hand sidelined the athlete and resulted in a 16-day suspension and a hefty fine levied against him by the Knicks’ organization.
  • New York Real Estate Lawyers' Blog - New York Real Estate Litigation Attorneys' Blog - Finkelstein Newman Ferrara LLP 19 January 2010 18:018 UTC www.nyrealestatelawblog.com [Source type: FILTERED WITH BAYES]

^ On the other hand, the royalty and upper classes were usually supportive of Jews and punished those who complained of ritual murders.
  • Bloodcurdling Libel 10 February 2010 11:011 UTC www.israelshamir.net [Source type: Original source]

[62] .When it comes to a deceased or absent person, there is a limitation to enforce the law up to 30 years (after the death).^ In the case of civil defamation, we had provisionally recommended that there should be a time limit of three years from the date of death.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ The point made by the English Law Commission is simply that when it comes to construing words, one does not seek the advice of the person who chose the words.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ The adage, "there is honor among thieves" implies that a thief has a reputation the law will protect even if it is limited to his reputation among other thieves.

[63]

United Kingdom

England and Wales
.Modern libel and slander laws as implemented in many but not all Commonwealth nations, in the United States, and in the Republic of Ireland, are originally descended from English defamation law.^ Libel and slander are forms of defamation.
  • New York Real Estate Lawyers' Blog - New York Real Estate Litigation Attorneys' Blog - Finkelstein Newman Ferrara LLP 19 January 2010 18:018 UTC www.nyrealestatelawblog.com [Source type: FILTERED WITH BAYES]

^ The United Nations Human Rights Committee has said that our libel law was encouraging critical reporting on matters of serious public interest and adversely affecting the ability of scholars and journalists to publish their work.

^ Since so many states have different laws, publications or broadcasts which cover more than state might have an advantage in one but not the other.
  • http://www.una.edu/faculty/jlmcmullen/400libel.htm 10 February 2010 11:011 UTC www.una.edu [Source type: FILTERED WITH BAYES]
  • http://fly.hiwaay.net/~jmcmulle/400libel.htm 10 February 2010 11:011 UTC fly.hiwaay.net [Source type: FILTERED WITH BAYES]

.The history of defamation law in England is somewhat obscure.^ Lord Scarman was also of the view that the mens rea of the offence was a matter open for decision, stating The history of the law is obscure and confused.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

.Civil actions for damages seem to have been relatively frequent so far back as the reign of Edward I (1272–1307),[citation needed] though it is unknown whether any generally applicable criminal process was in use.^ However, the general rule is that there is no civil action for libelling a class of persons since its members are usually too numerous to make such an action practicable.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ Therefore the only source of deterrence is the prospect of a civil action for damages.

^ Using the examples of rape and criminal damage, the Commission said .
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

.The first fully reported case in which libel is affirmed generally to be punishable at common law was tried during the reign of James I.^ Principles of general libel law and the First Amendment continue to apply.

^ The crime of libel is a common law misdemeanour.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ It is undeniably the case that, in determining the parameters of the offence of blasphemy mandated by the Constitution a difficult task in the absence of authority the characteristics of the common law offence of blasphemy, as it was generally understood at that time, are of considerable relevance.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

.December 2007" style="white-space:nowrap;">[citation needed] From that time we find both the criminal and civil remedies in full operation.^ From the use of the words plaintiff or prosecutor, it seems clear that it was supposed to apply both in civil proceedings and criminal prosecutions.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ In some cases, their application is to all forms of criminal libel, while in others it appears to extend to both forms of libel, civil and criminal.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ Secondly, there would appear to be the perceived certainty of a civil action, not criminal prosecution, given that the victims normally resort to the civil remedy.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

.English law allows actions for libel to be brought in the High Court for any published statements alleged to defame a named or identifiable individual or individuals in a manner that causes them loss in their trade or profession, or causes a reasonable person to think worse of them.^ T HE PERSON DEFAMED MUST BE IDENTIFIABLE by name, clear reference or inference which would cause reasonable people to associate the statements to the person.
  • http://www.una.edu/faculty/jlmcmullen/400libel.htm 10 February 2010 11:011 UTC www.una.edu [Source type: FILTERED WITH BAYES]
  • http://fly.hiwaay.net/~jmcmulle/400libel.htm 10 February 2010 11:011 UTC fly.hiwaay.net [Source type: FILTERED WITH BAYES]

^ The court applies the "reasonable person" test.
  • MAJOR CASES IN LIBEL LAW 10 February 2010 11:011 UTC www.csulb.edu [Source type: Original source]

^ What can cause a libel action?
  • http://www.una.edu/faculty/jlmcmullen/400libel.htm 10 February 2010 11:011 UTC www.una.edu [Source type: FILTERED WITH BAYES]
  • http://fly.hiwaay.net/~jmcmulle/400libel.htm 10 February 2010 11:011 UTC fly.hiwaay.net [Source type: FILTERED WITH BAYES]

.Allowable defenses are justification (the truth of the statement), fair comment (whether the statement was a view that a reasonable person could have held), and privilege (whether the statements were made in Parliament or in court, or whether they were fair reports of allegations in the public interest).^ Fair and accurate reports of PROCEEDINGS IN PUBLIC of any : .

^ So that could be one of the reasons they allowed that.
  • CNN.com - Transcripts 19 January 2010 18:018 UTC www.cnn.com [Source type: Original source]

^ The court applies the "reasonable person" test.
  • MAJOR CASES IN LIBEL LAW 10 February 2010 11:011 UTC www.csulb.edu [Source type: Original source]

.An offer of amends is a barrier to litigation.^ OFFER TO MAKE AMENDS This barrier to a court action for libel is afforded by Sections 2-4 of the 1996 Defamation Act.

.A defamatory statement is presumed to be false unless the defendant can prove its truth.^ Defamatory material is presumed to be false and malicious.
  • p2pnet news » Blog Archive » p2pnet sued for libel 10 February 2010 11:011 UTC www.p2pnet.net [Source type: General]

^ If defendants can prove the truth of a defamatory statement, they cannot be held liable for damages.
  • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

^ The defendant had to prove the statements were true or were fair comment based on truth.
  • http://fly.hiwaay.net/~jmcmulle/400libel.htm 10 February 2010 11:011 UTC fly.hiwaay.net [Source type: FILTERED WITH BAYES]

.Furthermore, to collect compensatory damages, a public official or public figure must prove actual malice (knowing falsity or reckless disregard for the truth).^ That was enough to prove malice or reckless disregard for the truth which was necessary because Cobb was considered a public person.
  • http://fly.hiwaay.net/~jmcmulle/400libel.htm 10 February 2010 11:011 UTC fly.hiwaay.net [Source type: FILTERED WITH BAYES]

^ If the plaintiff was a public official or public figure, was the publication made without malice?
  • http://fly.hiwaay.net/~jmcmulle/400libel.htm 10 February 2010 11:011 UTC fly.hiwaay.net [Source type: FILTERED WITH BAYES]

^ Exercising reckless disregard for the truth .
  • http://fly.hiwaay.net/~jmcmulle/400libel.htm 10 February 2010 11:011 UTC fly.hiwaay.net [Source type: FILTERED WITH BAYES]

.October 2009" style="white-space:nowrap;">[citation needed] A private individual must only prove negligence (not using due care) to collect compensatory damages.^ Private persons must prove negligence in most states.
  • http://www.una.edu/faculty/jlmcmullen/400libel.htm 10 February 2010 11:011 UTC www.una.edu [Source type: FILTERED WITH BAYES]

^ Only about one-fifth of the plaintiffs said that they sued to win money damages, and private individuals or business people were more likely to state this as their objective.
  • Iowa Libel Research Project 10 February 2010 11:011 UTC faculty.wartburg.edu [Source type: Original source]

^ Some states regard A gross negligence @ as equivalent to recklessness , the minimum standard of fault that a public official or public figure plaintiff must prove in order to recover damages in a defamation suit.
  • MAJOR CASES IN LIBEL LAW 10 February 2010 11:011 UTC www.csulb.edu [Source type: Original source]

.October 2009" style="white-space:nowrap;">[citation needed] To collect punitive damages, all individuals must prove actual malice.^ To win a slander case -- must prove actual damage and the amount of damage.
  • http://fly.hiwaay.net/~jmcmulle/400libel.htm 10 February 2010 11:011 UTC fly.hiwaay.net [Source type: FILTERED WITH BAYES]

^ But all hold that all officials are protected unless actual malice can be proved.
  • New York Times Co. v. Sullivan 10 February 2010 11:011 UTC www.law.cornell.edu [Source type: Original source]

^ However, should the private citizen be able to prove malice, he or she could then collect punitive damages.
  • Media Law & Ethics: Class Notes: Section 4: Libel 10 February 2010 11:011 UTC www.class.uh.edu [Source type: FILTERED WITH BAYES]

.Criminal libel was abolished on 12 January 2010 by section 73 of the Coroners and Justice Act 2009.^ December 23, 2009 at 12:49 pm Top court transforms press freedom with new libel defence Updated law extends defence to new media .
  • UK libel laws and global free speech 10 February 2010 11:011 UTC www.sindark.com [Source type: Original source]

^ In 2008 the State of New York passed the Libel Terrorism Protection Act, an odd name which presumably implies that Justice Eady is a libel terrorist.

^ Re: Evony Files Libel Suit Against Blogger Submitted by rdeegvainl - September 15, 2009 at 12:58 pm -0500 "Why are Evony acting for a Chinese game against a UK blogger in an Australian court?
  • Evony Files Libel Suit Against Blogger | GamePolitics 10 February 2010 11:011 UTC gamepolitics.com [Source type: FILTERED WITH BAYES]

[64] .There were only a few instances of the criminal libel law being applied.^ If you do then there is a possibility that the law of Libel or Defamation applies.
  • WITN?: In sort-of defence of Britain's ridiculous libel laws 10 February 2010 11:011 UTC www.techcrunch.com [Source type: General]

^ In the US system, there are libel laws, and while IANAL, I do see how it is fair for someone to be able to say whatever they feel, and if the other party feels that it is untrue, they can sue for libel.
  • WITN?: In sort-of defence of Britain's ridiculous libel laws 10 February 2010 11:011 UTC www.techcrunch.com [Source type: General]

^ Thirdly, a criminal court could make a libeller find securities for future good behaviour, whereas the common law court could not order an injunction.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

Notably, the Italian anarchist Errico Malatesta was convicted of criminal libel for denouncing the Italian state agent Ennio Belelli in 1912.
Scotland
.In Scots law, as in other jurisdictions that base themselves on the civil law tradition, there is no distinction between libel and slander, and all cases are simply defamation.^ Plainly the Alabama law of civil libel is .
  • New York Times Co. v. Sullivan 10 February 2010 11:011 UTC www.law.cornell.edu [Source type: Original source]

^ It would be strange if all the cases were libel.
  • Bloodcurdling Libel 10 February 2010 11:011 UTC www.israelshamir.net [Source type: Original source]

^ There was no such thing as a public libel known to the law.
  • Criminal Libel and the Duty of Juries 10 February 2010 11:011 UTC www.constitution.org [Source type: Original source]

The equivalent of the defense of justification is "veritas".

Latin America

Argentina

.In Argentina, the crimes of calumny and injury are foreseen in the chapter “Crimes Against Honor” (Articles 109 thru 117-bis) of the Penal Code.^ Similar provisions have been incorporated into the Penal Code of 1965: chapter 5, sections 1 and 3.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ The Commission recommended a mini-code of crimes against the State and excluded sedition from its provisions.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ Article 362 of the Penal Code makes it an offence to state or disseminate a fact which is detrimental to another's honour or reputation, unless the defendant can prove its truth.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

.Calumny is defined as “the false imputation to a determined person of a concrete crime that leads to a lawsuit” (Article 109).^ It may well be unconstitutional to punish a person in respect of a crime which the State has failed to define, not only in matters of detail, but in broad outline.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

.However, expressions referring to subjects of public interest or that are not assertive don’t constitute calumny.^ The present advertisement, as an expression of grievance and protest on one of the major public issues of our time, would seem clearly to qualify for the constitutional protection.
  • New York Times Co. v. Sullivan 10 February 2010 11:011 UTC www.law.cornell.edu [Source type: Original source]

^ However, in the case of statements, even if there is a substantial risk of falsity, there might be nonetheless a good reason for publishing it, such as reasons of public interest.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ She could however have relied upon the public interest defence created by Reynolds v Times Newspapers Ltd .

.Penalty is a fine from 3,000 to 30,000 pesos.^ The penalties are a maximum prison sentence of 1 year and a fine of $600, or where there is knowledge of falsity, prison with hard labour for 2 years and a fine of $11,000.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

.He who intentionally dishonor or discredit a determined person is punished with a penalty from 1,500 to 20,000 pesos (Article 110).^ It is wrong to punish a person for criticising a government official because part of his freedom of expression involves the right to criticise those who govern him.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ Proxmire gave his Golden Fleece award to Dr. Hutchinson who had received at $500,000 grant to study animal aggression.
  • http://www.una.edu/faculty/jlmcmullen/400libel.htm 10 February 2010 11:011 UTC www.una.edu [Source type: FILTERED WITH BAYES]
  • http://fly.hiwaay.net/~jmcmulle/400libel.htm 10 February 2010 11:011 UTC fly.hiwaay.net [Source type: FILTERED WITH BAYES]

^ The student mentioned in the article will receive $500,000 in damages.
  • http://www.una.edu/faculty/jlmcmullen/400libel.htm 10 February 2010 11:011 UTC www.una.edu [Source type: FILTERED WITH BAYES]
  • http://fly.hiwaay.net/~jmcmulle/400libel.htm 10 February 2010 11:011 UTC fly.hiwaay.net [Source type: FILTERED WITH BAYES]

.He who publishes or reproduces, by any means, calumnies and injuries made by others, will be punished as responsible himself for the calumnies and injuries whenever its content is not correctly attributed to the corresponding source.^ The other attempt by Nemet to get around the Section 230 issue was to say that because it couldn't figure out who one of the complaints came from, ConsumerAffairs must have made it up, and thus it was liable since it created the content.
  • Defamation stories at Techdirt. 19 January 2010 18:018 UTC techdirt.com [Source type: General]
  • Defamation stories at Techdirt. 19 January 2010 18:018 UTC ww.techdirt.com [Source type: General]

^ I do not make the people who made the error write a retraction and deal with the response.
  • Iowa Libel Research Project 10 February 2010 11:011 UTC faculty.wartburg.edu [Source type: Original source]

^ Again this applies only to charges against proprietors, publishers, editors or other persons responsible for the publication of a newspaper.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

.Exceptions are expressions referring to subjects of public interest or that are not assertive (see Article 113).^ See ARTICLE 19, Declaration Regarding Principles of Freedom of Expression and Defamation, supra note 58 , at 1.
  • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

^ Qualified privilege provides protection to expression made in the public interest unless statements are made with malice.
  • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

^ It is only if the article is not about a matter of public interest or the defendant has not acted responsibility that any question of the truth of the statement arises at all.

.When calumny or injury are committed through the press, a possible extra penalty is the publication of the judicial decision at the expenses of the guilty (Article 114).^ It seems that due to the adverse publicity of such trials the judicial authorities have abstained from prosecutions against the press.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ The decision indicates that the reporter who wrote the article had reasonable grounds to believe in the truth of his allegations, and that the defamatory matter was published in the public interest.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

.He who passes to someone else information about a person that is included in a personal database and that one knows to be false, is punished with six months to 3 years in prison.^ Alabama, for example, has a criminal libel law which subjects to prosecution "any person who speaks, writes, or prints of and concerning another any accusation falsely and maliciously importing the commission by such person of a felony, or any other indictable offense involving moral turpitude," and which allows as punishment upon conviction a fine not exceeding $500 and a prison sentence of six months.
  • New York Times Co. v. Sullivan 10 February 2010 11:011 UTC www.law.cornell.edu [Source type: Original source]

^ Perhaps one of the most well known Jewish leaders of 400 years ago Rabbi Lowew of Prague also known as The Holy Maharal who directly appealed to The Emperor to not listen to these false accusations.
  • Crash Course in Jewish History Part 46 - Blood Libel 10 February 2010 11:011 UTC www.aish.com [Source type: Original source]

^ Cox did nothing to rein in their radio personality, and Cynthia Tucker won a Pulitzer Prize for her columns, including the one that savaged McKinney.
  • Media Channel 2.0 — Blog — Categories — Libel 10 February 2010 11:011 UTC mediachannel.org [Source type: News]

When there is harm to somebody, penalties are aggravated by an extra half (Article 117 bis, §§ 2nd and 3rd).[65]

Brazil

.In Brazil, defamation is a crime, which is prosecuted either as “defamation” (three months to a year in prison, plus fine; Article 139 of the Penal Code), “calumny” (six months to two years in prison, plus fine; Article 138 of the PC) and/or “injury” (one to six months in prison, or fine; Article 140), with aggravating penalties when the crime is practiced in public (Article 141, item III).^ Section 5 provided that the penalty for maliciously publishing a defamatory libel ( simpliciter ) was to be imprisonment for a maximum of one year, or liability to a fine, or both.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ In the case of civil defamation, we had provisionally recommended that there should be a time limit of three years from the date of death.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ The defendant was fined, and sent to prison for a year, to be released upon his finding sureties for good behaviour throughout life, which he never found.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

.Incitation to hate and violence is also foreseen in the Penal Code (incitation to a crime, Article 286).^ In his magazine article about violence in the Basque Country, Castells claimed that the government had not investigated or prosecuted murderers because it was protecting local officials involved in the crimes.
  • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

^ Article 362 of the Penal Code makes it an offence to state or disseminate a fact which is detrimental to another's honour or reputation, unless the defendant can prove its truth.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ Libel is defined in Article 261.2 of the Penal Code as follows: .
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

.Moreover, in situations like bullying or moral constraint, defamation acts are also covered by the crimes of “illegal constraint” (Article 146 of the Penal Code) and “arbitrary exercise of discretion” (Article 345 of PC), defined as breaking the law as a vigilante.^ Libel is defined in Article 261.2 of the Penal Code as follows: .
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ The common law rule that a master was liable for all publications of his servant or agent was mitigated by section 7 of the Libel Act 1843, which is reproduced in section 7 of the Irish Defamation Act 1961.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ Following the Report of this body on the law of defamation, Lord Campbell with the help of Starkie drafted a bill which became the Libel Act 1843 .
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

[66]

Chile

.In Chile, the crimes of calumny and injury are covered by Articles 412 thru 431 of the Penal Code.^ Article 362 of the Penal Code makes it an offence to state or disseminate a fact which is detrimental to another's honour or reputation, unless the defendant can prove its truth.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ Libel is defined in Article 261.2 of the Penal Code as follows: .
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

.Calumny is defined as “the false imputation of a determined crime and that can lead to a public prosecution” (Article 412).^ Abolition of the crime might lead to the inference that an attack on reputation would no longer be labelled by society as a public wrong, and society would be perceived as condoning defamation.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ The fact that defamations are rarely prosecuted supports the argument that the crime deters only if it prevents the publication of defamations.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ Wicks was prosecuted on two counts of defamatory libel: (1) publication of a defamatory libel knowing it to be false, contrary to section 4 of the Libel Act 1843, and (2) publication of a defamatory libel contrary to section 5 of the same Act, under which knowledge of falsity is not required.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

.If the calumny is written and with publicity, penalty is “lower imprisonment” in its medium degree plus a fine of 11 to 20 “vital wages” when it refers to a crime, or “lower imprisonment” in its minimum degree plus a fine of 6 to 10 “vital wages” when it refers to a misdemeanor (Article 413).^ Also refers to book s printed in type larger than the 9-, 10-, or 11-point size normally used for text , mostly publication s for visually impaired , elderly , and young reader s ( picture book s, beginning reader s, etc.
  • ODLIS: Online Dictionary for Library and Information Science 10 February 2010 11:011 UTC lu.com [Source type: Academic]

.If it’s not written or with publicity, penalty is “lower imprisonment” in its minimum degree plus a fine of 6 to 15 “vital wages” when it's about a crime, or plus a fine of 6 to 10 “vital wages” when it's about a misdemeanor (Article 414).^ Section 5 provided that the penalty for maliciously publishing a defamatory libel ( simpliciter ) was to be imprisonment for a maximum of one year, or liability to a fine, or both.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ Breach of the injunction is a contempt of court for which the penalty is a fine or imprisonment.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ It is only if the article is not about a matter of public interest or the defendant has not acted responsibility that any question of the truth of the statement arises at all.

[67][68]
.According to Article 25 of the Penal Code, “lower imprisonment” is defined as a prison term between 61 days and five years.^ Libel is defined in Article 261.2 of the Penal Code as follows: .
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ The penalty for a conviction on indictment for blasphemous libel is a maximum fine of 500 or imprisonment for a maximum term of 2 years, or both, or penal servitude for a maximum term of 7 years, under section 13 (1).
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ That statute made it a crime, punishable by a $5,000 fine and five years in prison, .
  • New York Times Co. v. Sullivan 10 February 2010 11:011 UTC www.law.cornell.edu [Source type: Original source]

.According to Article 30, the penalty of “lower imprisonment” in its medium or minimum degrees carries with it also the suspension of the exercise of a public position during the prison term.^ The penalty for a conviction on indictment for blasphemous libel is a maximum fine of 500 or imprisonment for a maximum term of 2 years, or both, or penal servitude for a maximum term of 7 years, under section 13 (1).
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ The climate in which public officials operate, especially during a political campaign, has been described by one commentator in the following terms: .
  • New York Times Co. v. Sullivan 10 February 2010 11:011 UTC www.law.cornell.edu [Source type: Original source]

^ All-purpose public persons: those who have achieved widespread notoriety and who exercise general power of influence and occupy a position of continuing news value.
  • http://www.una.edu/faculty/jlmcmullen/400libel.htm 10 February 2010 11:011 UTC www.una.edu [Source type: FILTERED WITH BAYES]
  • http://fly.hiwaay.net/~jmcmulle/400libel.htm 10 February 2010 11:011 UTC fly.hiwaay.net [Source type: FILTERED WITH BAYES]

[69]
.Article 416 defines injury as “all expression said or action performed that dishonors, discredits or causes contempt”.^ Since this court has dismissed all the causes of action, there is no need for further discovery or for a hearing on jurisdictional matters.

^ "Above all," he said, " the court should have particular regard to the importance of freedom of expression.

^ The court found it unfair that the ‘McLibel two’ should have to prove all the allegations they spread and that the libel action had disproportionately interfered with their freedom of expression”.

.Article 417 defines broadly “grave injury”, including the imputation of a crime or misdemeanor that cannot lead to public prosecution, and the imputation of a vice or lack of morality, which are capable of harming considerably the reputation, credit or interests of the offended person.^ Lord Scarman observed that to warrant prosecution, the libel must be sufficiently serious to require the intervention of the Crown in the public interest.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ Attacks upon individuals may damage the public interest, especially where the victim is person in a position of public responsibility.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ 'In a criminal prosecution,' he says, 'the tendency which all libels have to create animosities, and to disturb the public peace, is the sole consideration of the law.
  • Criminal Libel and the Duty of Juries 10 February 2010 11:011 UTC www.constitution.org [Source type: Original source]

“Grave injuries” in written form or with publicity are punished with “lower imprisonment” in its minimum to medium degrees plus a fine of 11 to 20 “vital wages”. .Calumny or injury of a deceased person (Article 424) can be prosecuted by the spouse, sons, grandsons, parents, grandparents, siblings and heirs of the offended person.^ We invite views as to whether it should include deceased persons and, if so, whether there should be a provision barring a prosecution within a specified time after the death of the alleged victim.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

.Finally, according to Article 425, in the case of calumnies and injuries published in foreign newspapers, are considered liable all those who from Chilean territory sent articles or gave orders for publication abroad, or contributed to the introduction of such newspapers in Chile with the intention of propagating the calumny and injury.^ The rule implements a public policy of avoiding the exposure of publishers to 'a multiplicity of actions, leading to potential harassment and excessive liability, and draining of judicial resources,' as well as 'reducing the possiblity of hardship to plaintiffs by allowing the collection of all damages in one case commenced in a single jurisdiction.'
  • Online Defamation/Libel/Communications Decency Act - Internet Library of Law and Court Decisions 19 January 2010 18:018 UTC www.internetlibrary.com [Source type: FILTERED WITH BAYES]

^ Section 10(2) provides that it shall not be lawful to send or contribute to any newspaper or other periodical, or for the proprietor of such publication, to publish any material which is or purports to be sent or contributed, by or on behalf of an unlawful organisation, which is of such a nature that the printing of it would be a contravention of the foregoing sub-section.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ We have considered the issue of mixed matter, that is matter which contributes to public discussion of an issue or is a serious literary achievement, but in which the speaker uses strong terms to expose what he perceives to be the flaws of a religion.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

[70]

North America

Canada

.As is the case for most Commonwealth jurisdictions, Canada follows English law on defamation issues (although the law in the province of Quebec has roots in both the English and the French tradition).^ The major points of defamation law in Canada are as follows: .
  • p2pnet news » Blog Archive » p2pnet sued for libel 10 February 2010 11:011 UTC www.p2pnet.net [Source type: General]

^ Likewise, in the case of internet publications, they say that an English court should take jurisdiction only if the article in question was “advertised or promoted in England”.

^ In 1979, the Australian Law Reform Commission published its Report on Unfair Publication , which dealt with the issue of privacy as well as defamation.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

.At common law, defamation covers any communication that tends to lower the esteem of the subject in the minds of ordinary members of the public.^ Defamation is a public communication that tends to injure the reputation of another.
  • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

^ The Law of Public Communication, 4th ed.
  • http://fly.hiwaay.net/~jmcmulle/400libel.htm 10 February 2010 11:011 UTC fly.hiwaay.net [Source type: FILTERED WITH BAYES]

^ Since so many states have different laws, publications or broadcasts which cover more than state might have an advantage in one but not the other.
  • http://fly.hiwaay.net/~jmcmulle/400libel.htm 10 February 2010 11:011 UTC fly.hiwaay.net [Source type: FILTERED WITH BAYES]

[71] .Probably true statements are not excluded, nor are political opinions.^ Accordingly, while statements of opinion, reasonably based on true facts or which are incapable of being proven true or false, are normally protected under the A fair com­ment @ privilege.
  • MAJOR CASES IN LIBEL LAW 10 February 2010 11:011 UTC www.csulb.edu [Source type: Original source]

^ Under Austria’s Criminal Code, however, he had to prove that his statements, even opinions, were true.
  • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

.Intent is always presumed, and it is not necessary to prove that the defendant intended to defame.^ The motive for doing so (what courts have referred to as "malice"), is not actually an element of proof, but may be used to prove intent to injure: If the defendant had something to gain by spreading falsehoods about the plaintiff, proof of that motive could help establish that the defendant knowingly defamed the plaintiff.

^ Presumably, a public figure who is defamed by a private, or non-media speaker would not have to prove A actual malice, @ as that term was defined in New York Times v.
  • MAJOR CASES IN LIBEL LAW 10 February 2010 11:011 UTC www.csulb.edu [Source type: Original source]

^ As we have seen, a majority of the Law Lords in Lemon were of the opinion that it was sufficient, for the purpose of establishing mens rea , for the prosecution to prove an intention to publish material which was in fact blasphemous and that it was not necessary for them to prove further that the defendants intended to blaspheme.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

In Hill v. .Church of Scientology of Toronto (1995), the Supreme Court of Canada rejected the actual malice test adopted in the US case New York Times Co.^ The court used the same test as it had in New York Times v.
  • Media Law & Ethics: Class Notes: Section 4: Libel 10 February 2010 11:011 UTC www.class.uh.edu [Source type: FILTERED WITH BAYES]

^ INTRODUCTION The landmark 1964 Supreme Court decision New York Times Co.
  • Libel law, Independent appellate review, New York Times v. Sullivan, Bose, Consumers Union, Cornell Law Review, Gary Paranzino 10 February 2010 11:011 UTC www.paranzino.com [Source type: Original source]

^ The Supreme Court of Texas ruled that the evidence did not support actual malice as defined in New York Times v.
  • Media Law & Ethics: Class Notes: Section 4: Libel 10 February 2010 11:011 UTC www.class.uh.edu [Source type: FILTERED WITH BAYES]

v. Sullivan
. .Once a claim has been made, the defendant may avail themselves to a defense of justification (the truth), fair comment, responsible communication,[72] or privilege.^ The defendant had to prove the statements were true or were fair comment based on truth.
  • http://fly.hiwaay.net/~jmcmulle/400libel.htm 10 February 2010 11:011 UTC fly.hiwaay.net [Source type: FILTERED WITH BAYES]

^ This may seem harsh, however, I only wish to address comments made by others saying that true Christianity is not what the Medieval Church of Rome practiced.
  • Crash Course in Jewish History Part 46 - Blood Libel 10 February 2010 11:011 UTC www.aish.com [Source type: Original source]

^ The Act allowed the defendant the defense of truth, and provided that the jury were to be judges both of the law and the facts.
  • New York Times Co. v. Sullivan 10 February 2010 11:011 UTC www.law.cornell.edu [Source type: Original source]

.Publishers of defamatory comments may also use the defense of innocent dissemination where they had no knowledge of the nature of the statement, it was not brought to their attention, and they were not negligent.^ By Dan Tynan 31 comments Some people believe they can say anything on the Net and get away with it, as long as they don't use their real names.

^ Lorain Journal The issue in Milkovich was whether couching a statement in the words "in my opinion" provides that statement with a defense of fair comment and criticism.
  • Media Law & Ethics: Class Notes: Section 4: Libel 10 February 2010 11:011 UTC www.class.uh.edu [Source type: FILTERED WITH BAYES]

^ The jury may think the comment is entirely wrong but if they are satisfied it is honest the defence will work.

.In Quebec, defamation was originally grounded in the law inherited from France.^ The law of defamation dates back to ancient times, and although it has evolved dramatically, modern themes are apparent in its origins.
  • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

^ Part II will explain the elements and origins of defamation law, as well as its conflict with freedom of expression.
  • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

^ See Kenneth Campbell, The Origins and Development of a Philosophy for the Protection of Opinion in Defamation Law 39 (1990).
  • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

.To establish civil liability for defamation, the plaintiff must establish, on a balance of probabilities, the existence of an injury, a wrongful act, and of a causal connection between the two.^ The act has enabled a considerable shift in the balance between the right to know and the right to privacy – that privacy being accorded predominantly to the rich and powerful.

^ If so, plaintiffs are unable to show a probability of prevailing and we must affirm the dismissal of the action.
  • Online Defamation/Libel/Communications Decency Act - Internet Library of Law and Court Decisions 19 January 2010 18:018 UTC www.internetlibrary.com [Source type: FILTERED WITH BAYES]

^ The common law rule that a master was liable for all publications of his servant or agent was mitigated by section 7 of the Libel Act 1843, which is reproduced in section 7 of the Irish Defamation Act 1961.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

.A person who has made defamatory remarks will not necessarily be civilly liable for them.^ Anyone who has any part in the publication of a defamatory statement is charged with, and can be liable for it.
  • MAJOR CASES IN LIBEL LAW 10 February 2010 11:011 UTC www.csulb.edu [Source type: Original source]

^ The point made by the English Law Commission is simply that when it comes to construing words, one does not seek the advice of the person who chose the words.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ Powell J expressed the view that the absence of a person who had been libelled made it impossible to call this a libel: .
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

.The plaintiff must further demonstrate that the person who made the remarks committed a wrongful act.^ King] seven times" would be read as referring to him; he further contended that the "They" who did the arresting would be equated with the "They" who committed the other described acts and with the "Southern violators."
  • New York Times Co. v. Sullivan 10 February 2010 11:011 UTC www.law.cornell.edu [Source type: Original source]

^ The defamatory remark must be clearly aimed at the plaintiff.
  • p2pnet news » Blog Archive » p2pnet sued for libel 10 February 2010 11:011 UTC www.p2pnet.net [Source type: General]

^ Here the person who receives the information must have an interest in knowing the truth of the matter, or be believed by the publisher on reasonable grounds to have such an interest.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

.Defamation in Quebec is governed by a reasonableness standard, as opposed to strict liability; a defendant who made a false statement would not be held liable if it was reasonable to believe the statement was true.^ Defamation is a “strict liability” tort.
  • p2pnet news » Blog Archive » p2pnet sued for libel 10 February 2010 11:011 UTC www.p2pnet.net [Source type: General]

^ Obviously false statements had been made.
  • http://www.una.edu/faculty/jlmcmullen/400libel.htm 10 February 2010 11:011 UTC www.una.edu [Source type: FILTERED WITH BAYES]
  • http://fly.hiwaay.net/~jmcmulle/400libel.htm 10 February 2010 11:011 UTC fly.hiwaay.net [Source type: FILTERED WITH BAYES]

^ Did the false statement defame Masson?
  • http://fly.hiwaay.net/~jmcmulle/400libel.htm 10 February 2010 11:011 UTC fly.hiwaay.net [Source type: FILTERED WITH BAYES]

[73]
Criminal defamation
.In Canada, the so-called « blasphemous libel» is a crime punished with a maximum term of two years in prison, according to Article 296-1 of the Canadian Criminal Code, as well as the crime of « defamatory libel » (Article 298), which receives the same penalty (see Article 301).^ Libel may be a crime as well as a tort.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ These are the offences of seditious libel, blasphemous libel, obscene libel as well as defamatory libel.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ They've continued in the same vein with the Hailey report -- openly libeling their subject and accusing him of unethical and potentially criminal behavior, all without the benefit of getting a response from him as well as any consideration of the gravity of the charges.
  • "Libel!" He Shouted - Winds of Change.NET 10 February 2010 11:011 UTC www.windsofchange.net [Source type: FILTERED WITH BAYES]

.In the specific case of a “libel known to be false” (Article 300), the prison term increases to a maximum of five years.^ Section 5 provided that the penalty for maliciously publishing a defamatory libel ( simpliciter ) was to be imprisonment for a maximum of one year, or liability to a fine, or both.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ The conceptual difficulties encountered in Read's case in relation to obscene matter and the term libel posed no difficulties to the court in Curlls case.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ THE general practice of introducing the term false , in indictments or informations for libels, seems sufficiently to prove, that it was the opinion of our ancestors, that falsehood was necessary to constitute a libel.
  • Criminal Libel and the Duty of Juries 10 February 2010 11:011 UTC www.constitution.org [Source type: Original source]

.According to Article 298, a defamatory libel “is matter published, without lawful justification or excuse, that is likely to injure the reputation of any person by exposing him to hatred, contempt or ridicule, or that is designed to insult the person of or concerning whom it is published”[74].^ A communication is defamatory if it tends to expose a person to hatred, ridicule or contempt.
  • MAJOR CASES IN LIBEL LAW 10 February 2010 11:011 UTC www.csulb.edu [Source type: Original source]

^ It is of interest to note that the draft Code produced by the Criminal Code Commissioners in 1879, which was intended to be declaratory of the existing law, defined defamatory libel in section 227 as matter published without legal justification or excuse, designed to insult the person to whom it is published, or calculated to injure the reputation of any person by exposing him to hatred, contempt or ridicule.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ Publishing a defamatory libel .
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

.The criminal portion of the law has been rarely applied.^ The criminal law is rarely, if ever, invoked.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ The remaining instances of absolute privilege exist by virtue of the common law and appear to apply to criminal proceedings.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ Therefore we decline to recommend that the common law defence of qualified privilege, as it now exists, be applied in criminal proceedings and we feel it would be a worthless exercise.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

.In the most recent case, in 1994 Bradley Waugh and Ravin Gill were charged with criminal libel for publicly accusing six prison guards of the racially motivated murder of a black inmate.^ They've continued in the same vein with the Hailey report -- openly libeling their subject and accusing him of unethical and potentially criminal behavior, all without the benefit of getting a response from him as well as any consideration of the gravity of the charges.
  • "Libel!" He Shouted - Winds of Change.NET 10 February 2010 11:011 UTC www.windsofchange.net [Source type: FILTERED WITH BAYES]

^ Even their most recent posts continue to assert the "academic fraud" charge.
  • "Libel!" He Shouted - Winds of Change.NET 10 February 2010 11:011 UTC www.windsofchange.net [Source type: FILTERED WITH BAYES]

^ Despite the unresolved debate over criminal law, an analysis of recent cases shows a general move toward protecting a broader spectrum of political criticism.
  • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

[75]
.According to a OSCE official report on defamation laws, 57 persons in Canada were accused of defamation, libel and insult, among which 23 were convicted – 9 to prison sentences, 19 to probation and one to a fine.^ Alabama, for example, has a criminal libel law which subjects to prosecution "any person who speaks, writes, or prints of and concerning another any accusation falsely and maliciously importing the commission by such person of a felony, or any other indictable offense involving moral turpitude," and which allows as punishment upon conviction a fine not exceeding $500 and a prison sentence of six months.
  • New York Times Co. v. Sullivan 10 February 2010 11:011 UTC www.law.cornell.edu [Source type: Original source]

^ It is a conviction upon an indictment the third count of which charges that the letter there set out is a defamatory libel tending to defame and bring into contempt the character of the person to whom it was sent.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ In 1979, the Australian Law Reform Commission published its Report on Unfair Publication , which dealt with the issue of privacy as well as defamation.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

.The average period in prison was 270 days, and the maximum sentence was 1460 days of imprisonment.^ The penalties are a maximum prison sentence of 1 year and a fine of $600, or where there is knowledge of falsity, prison with hard labour for 2 years and a fine of $11,000.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

[76]

United States

.The origins of US defamation law pre-date the American Revolution; one famous 1734 case involving John Peter Zenger sowed the seed for the later establishment of truth as an absolute defense against libel charges.^ One of the most important cases in libel law is Times v.
  • http://www.una.edu/faculty/jlmcmullen/400libel.htm 10 February 2010 11:011 UTC www.una.edu [Source type: FILTERED WITH BAYES]

^ Defenses against libel: .
  • http://www.una.edu/faculty/jlmcmullen/400libel.htm 10 February 2010 11:011 UTC www.una.edu [Source type: FILTERED WITH BAYES]
  • http://fly.hiwaay.net/~jmcmulle/400libel.htm 10 February 2010 11:011 UTC fly.hiwaay.net [Source type: FILTERED WITH BAYES]

^ Zenger's backers criticized William Cosby, the British governor of New York, and Cosby initiated the charges against Zenger.
  • Media Law & Ethics: Class Notes: Section 4: Libel 10 February 2010 11:011 UTC www.class.uh.edu [Source type: FILTERED WITH BAYES]

.The outcome of the case is one of jury nullification, and not a case where the defense acquitted itself as a matter of law.^ But whether they are questions of fact, or questions of law, in either case they come within the cognizance of the jury: for the jury has nothing else to determine, that is in the least worthy the attention of a court of justice.
  • Criminal Libel and the Duty of Juries 10 February 2010 11:011 UTC www.constitution.org [Source type: Original source]

^ The Act allowed the defendant the defense of truth, and provided that the jury were to be judges both of the law and the facts.
  • New York Times Co. v. Sullivan 10 February 2010 11:011 UTC www.law.cornell.edu [Source type: Original source]

^ However, within months the New York legislature enacted a law that did permit truth as a defense in such common law cases.
  • Media Law & Ethics: Class Notes: Section 4: Libel 10 February 2010 11:011 UTC www.class.uh.edu [Source type: FILTERED WITH BAYES]

.(Previous English defamation law had not provided the defense of truth.^ While this approach to defamation law provides .
  • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

^ The reason for creating the offence was to provide the victim with the means of securing the punishment of his defamer by peaceful process of the law instead of resorting to personal violence to obtain revenge.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ While the common law defenses to defamation offer some protection to freedom of expression, courts in recent years have recognized that they are often inadequate.
  • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

) .Though the First Amendment of the U.S. Constitution was designed to protect freedom of the press, for most of the history of the United States, the Supreme Court neglected to use it to rule on libel cases.^ This is the most significant case in the history of libel law.
  • http://fly.hiwaay.net/~jmcmulle/400libel.htm 10 February 2010 11:011 UTC fly.hiwaay.net [Source type: FILTERED WITH BAYES]

^ In what case did the Supreme Court for the first time agree to hear a state case involving the guarantees of the First Amendment?
  • Media Law & Ethics: Class Notes: Section 4: Libel 10 February 2010 11:011 UTC www.class.uh.edu [Source type: FILTERED WITH BAYES]

^ The vote by the Supreme Court in this case was 5 to 4.
  • Media Law & Ethics: Class Notes: Section 4: Libel 10 February 2010 11:011 UTC www.class.uh.edu [Source type: FILTERED WITH BAYES]

.This left libel laws, based upon the traditional common law of defamation inherited from the English legal system, mixed across the states.^ Edit “Using … laws against them just because we disagree with their message would be an extremely improper abuse of the legal system, in my view” .
  • Nuisance libel lawsuit against Eugenie Scott - The Panda's Thumb 10 February 2010 11:011 UTC pandasthumb.org [Source type: FILTERED WITH BAYES]

^ While the common law defenses to defamation offer some protection to freedom of expression, courts in recent years have recognized that they are often inadequate.
  • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

^ There are many web sites dedicated to Canadian Libel/Defamation laws and outcomes, which you can google for.
  • p2pnet news » Blog Archive » p2pnet sued for libel 10 February 2010 11:011 UTC www.p2pnet.net [Source type: General]

The 1964 case New York Times Co. v. .Sullivan, however, dramatically altered the nature of libel law in the United States by elevating the fault element for public officials to actual malice—that is, public figures could win a libel suit only if they could demonstrate the publisher's "knowledge that the information was false" or that the information was published "with reckless disregard of whether it was false or not". Later Supreme Court cases dismissed the claim for libel and forbade libel claims for statements that are so ridiculous to be clearly not true, or that involve opinionated subjects such as one's physical state of being.^ Actual Malice To recover a libel judgment for a false and defamatory statement, a public figure plaintiff must prove that the publisher made the statement with actual malice, i.e., 'with knowledge that it was false or with reckless disregard of whether it was false or not.'
  • Libel law, Independent appellate review, New York Times v. Sullivan, Bose, Consumers Union, Cornell Law Review, Gary Paranzino 10 February 2010 11:011 UTC www.paranzino.com [Source type: Original source]

^ Malice was defined as "with knowledge that it (the material in question) was false or with reckless disregard of whether it was false or not."
  • Media Law & Ethics: Class Notes: Section 4: Libel 10 February 2010 11:011 UTC www.class.uh.edu [Source type: FILTERED WITH BAYES]

^ So that could be one of the reasons they allowed that.
  • CNN.com - Transcripts 19 January 2010 18:018 UTC www.cnn.com [Source type: Original source]

.Recent cases have addressed defamation law and the internet.^ Despite the unresolved debate over criminal law, an analysis of recent cases shows a general move toward protecting a broader spectrum of political criticism.
  • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

^ In a recent New York case, the judge declared that "selective non-reporting of favorable facts might constitute malice" under the New York libel laws.
  • http://fly.hiwaay.net/~jmcmulle/400libel.htm 10 February 2010 11:011 UTC fly.hiwaay.net [Source type: FILTERED WITH BAYES]

^ The standards closely parallel the recent trends in defamation law and have thus been proven achievable.
  • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

.Defamation law in the United States is much less plaintiff-friendly than its counterparts in European and the Commonwealth countries.^ It has been transplanted to the United States and the belief flourishes in Muslim countries as well.

^ Designed to protect reputation, defamation law prohibits statements that would make a reasonable person think less of their subject.
  • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

^ It is certainly applied by the United States, a country which has never been reluctant to take extra-territorial jurisdiction on the ground that actions abroad have had effects within the United States.

.In the United States, a comprehensive discussion of what is and is not libel or slander is difficult, because the definition differs between different states, and under federal law.^ Since so many states have different laws, publications or broadcasts which cover more than state might have an advantage in one but not the other.
  • http://www.una.edu/faculty/jlmcmullen/400libel.htm 10 February 2010 11:011 UTC www.una.edu [Source type: FILTERED WITH BAYES]
  • http://fly.hiwaay.net/~jmcmulle/400libel.htm 10 February 2010 11:011 UTC fly.hiwaay.net [Source type: FILTERED WITH BAYES]

^ The Court held that the Communications Decency Act did not, however, immunize defendants from intellectual property claims plaintiff advanced, both under applicable federal and state laws, including right of publicity claims advanced under New Hampshire state law.
  • Online Defamation/Libel/Communications Decency Act - Internet Library of Law and Court Decisions 19 January 2010 18:018 UTC www.internetlibrary.com [Source type: FILTERED WITH BAYES]

^ Because this form of humor exposes its subject (s) to public ridicule, libel laws impose restraint.
  • ODLIS: Online Dictionary for Library and Information Science 10 February 2010 11:011 UTC lu.com [Source type: Academic]

.Some states codify what constitutes slander and libel together into the same set of laws.^ English libel law and seriously chill legitimate and good faith investigation into his behaviour and links to terrorism.

^ Jack Straw has set up an inquiry into our libel laws.

^ These libels were advertisements published in the newspapers, in which it was stated, that a subscription was entered into by some members of the "Constitutional Society," for raising one hundred pounds for the widows, orphans, and aged parents of those Americans who had been "inhumanly murdered by the king's troops at Lexington."
  • Criminal Libel and the Duty of Juries 10 February 2010 11:011 UTC www.constitution.org [Source type: Original source]

.Criminal libel is rare or nonexistent, depending on the state.^ The marginal note explained the word designed as follows; This is the existing law, the criminality of the libel depending on its tendency to produce a breach of the peace.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ On the basis of this and other enquiries made, the Committee considered that the law of criminal libel had fallen into a state of desuetude.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ Louisiana, 379 U.S. 64, November 23, 1964 The Supreme Court struck down statutory criminal libel in the states under certain conditions.
  • Media Law & Ethics: Class Notes: Section 4: Libel 10 February 2010 11:011 UTC www.class.uh.edu [Source type: FILTERED WITH BAYES]

.Defenses to libel that can result in dismissal before trial include the statement being one of opinion rather than fact or being "fair comment and criticism". Truth is always a defense.^ His privilege of "fair comment" for expressions of opinion depends on the truth of the facts upon which the comment is based.
  • New York Times Co. v. Sullivan 10 February 2010 11:011 UTC www.law.cornell.edu [Source type: Original source]

^ Statement of Opinion and Fair Comment: This defense is useful for critics and others who are asked to comment on performances.
  • http://www.una.edu/faculty/jlmcmullen/400libel.htm 10 February 2010 11:011 UTC www.una.edu [Source type: FILTERED WITH BAYES]

^ The defense of fair comment offers protection for the expression of opinions.
  • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

.Most states recognize that some categories of statements are considered to be defamatory per se, such that people making a defamation claim for these statements do not need to prove that the statement was defamatory.^ Some statements are clearly defamatory.
  • p2pnet news » Blog Archive » p2pnet sued for libel 10 February 2010 11:011 UTC www.p2pnet.net [Source type: General]

^ The answer, as history has shown, was that the tort of written defamation (libel) was held actionable per se .
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ Issues like these have been going on for many, many years, and at some point this is going to need to be addressed.
  • Libel stories at Techdirt. 10 February 2010 11:011 UTC www.techdirt.com [Source type: General]

[77]
Record awards
.The record libel verdict in the United States was rendered in 1997 against Dow Jones in favor of MMAR Group Inc.^ Consumers Union of United States, Inc., 692 F.2d 189, 195 (1st Cir.
  • Libel law, Independent appellate review, New York Times v. Sullivan, Bose, Consumers Union, Cornell Law Review, Gary Paranzino 10 February 2010 11:011 UTC www.paranzino.com [Source type: Original source]

^ A jury has ruled in favor of someone who claimed libel against an author for supposedly writing a character "inspired by" a former friend.
  • Libel stories at Techdirt. 10 February 2010 11:011 UTC www.techdirt.com [Source type: General]

^ In Dow Jones and Co Inc v Gutnick the Dow Jones company, sued for a libel in a publication which it put on its internet service, argued that liability should be governed by the law of New Jersey, where the server was located.

$222.7 .Million,[78] whereas the record verdict rendered in favour of an individual was the award of $35.5 million against the Russian newspaper Izvestia [79] in favor of entrepreneur Alex Konanykhin, who also won a $3,000,000 judgment against Kommersant, another Russian newspaper.^ He was awarded 6.7 million in damages and 2.5 in punitive damages and the newspaper had to file bankruptcy to protect its assets .
  • http://www.una.edu/faculty/jlmcmullen/400libel.htm 10 February 2010 11:011 UTC www.una.edu [Source type: FILTERED WITH BAYES]

^ Lawsuits were launched against four leading newspapers following a Dushanbe court’s decision to uphold a damages award against independent news weekly Paykon .

^ Section 656 provides that a person in whose favour judgment is given in such proceedings is entitled to a court order against the opposite party awarding him or her reasonable costs.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

[80]
Defamation per se
.The four (4) categories of slander that are actionable per se are (i) accusing someone of a crime; (ii) alleging that someone has a foul or loathsome disease; (iii) adversely reflecting on a person’s fitness to conduct their business or trade; and (iv) imputing serious sexual misconduct.^ It is slander per se .
  • MAJOR CASES IN LIBEL LAW 10 February 2010 11:011 UTC www.csulb.edu [Source type: Original source]

^ This is known as A slander per se , @ and is limited to the following types of utterances: (1) where the defendant has charged that the plaintiff has committed a serious, morally reprehensible crime, or that he has been incarcerated in a prison for such a crime; (2) where the defen­dant imputes a presently existing loathsome, communicable disease to the plaintiff (historically limited to venereal disease and leprosy, although it would clearly include AIDS today); (3) where the defendant has attributed to the plaintiff conduct, charac­teristics or associations incompatible with the plaintiff = s business, trade, office or profession ─ such that the natural and expected consequence of anyone who hears it and believes it true, would refuse to do business, or cease doing business with, the plaintiff; [4] and (4) where the defendant imputes unchastity to a woman.
  • MAJOR CASES IN LIBEL LAW 10 February 2010 11:011 UTC www.csulb.edu [Source type: Original source]

^ With slander (verbal defamation), proof of repetition to other people is essential to the claim; damages have to be proven (there are four exceptions: the defamation imputes the commission of a crime, the unchaste status of a woman, a “loathsome disease”, or a professional incompetence).
  • p2pnet news » Blog Archive » p2pnet sued for libel 10 February 2010 11:011 UTC www.p2pnet.net [Source type: General]

.Here again, the plaintiff need only prove that someone had published the statement to any third party.^ The words complained of have been published to a third party.

^ As a practical matter, the spousal testimony immunity effectively precludes proving a case of defamation of a third party made by one spouse to the other.
  • MAJOR CASES IN LIBEL LAW 10 February 2010 11:011 UTC www.csulb.edu [Source type: Original source]

^ In Britain, for example, the defendant only needs to show that the statement is “substantially correct.” [61] .
  • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

.No proof of special damages is required.^ A defense for erroneous statements honestly made is no less essential here than was the requirement of proof of guilty knowledge which, in Smith v.
  • New York Times Co. v. Sullivan 10 February 2010 11:011 UTC www.law.cornell.edu [Source type: Original source]

^ The crucial point for the development of the libel/slander distinction came when it arose for decision whether written defamation should be actionable without proof of special damage.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ The plaintiff must prove special damages in the form of pecuniary loss, and this necessarily requires that the falsehood be communicated to a third person .
  • Libel law, Independent appellate review, New York Times v. Sullivan, Bose, Consumers Union, Cornell Law Review, Gary Paranzino 10 February 2010 11:011 UTC www.paranzino.com [Source type: Original source]

Criminal defamation
.On the federal level, there are no criminal defamation or insult laws in the United States.^ Once one arrives at a conclusion that the criminal law ought to be invoked, then it is not a private case between individuals; the state has an interest and the state has a part in it.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ Article 7 states that no one shall by held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ 'Civil and criminal liability for defamation was well established in the common law when the First Amendment was adopted, and there is no indication that the Framers intended to abolish such liability.'
  • Libel law, Independent appellate review, New York Times v. Sullivan, Bose, Consumers Union, Cornell Law Review, Gary Paranzino 10 February 2010 11:011 UTC www.paranzino.com [Source type: Original source]

.However, on the state level, 17 states and 2 territories as of 2005 had criminal defamation laws on the books: Colorado (Colorado Revised Statutes, § 18-13-105), Florida (Florida Statutes, § 836.01-836.11), Idaho (Idaho Code, § 18-4801-18-4809), Kansas (Kansas Statute Annotated, §21-4004), Louisiana (Louisiana R.S., 14:47), Michigan (Michigan Compiled Laws, § 750.370), Minnesota (Minnesota Statutes.^ Minnesota State and Federal Tax Law .
  • Defamation, Slander and Libel - Labor Law Talk 10 February 2010 11:011 UTC www.laborlawtalk.com [Source type: Original source]

^ Once one arrives at a conclusion that the criminal law ought to be invoked, then it is not a private case between individuals; the state has an interest and the state has a part in it.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ Lord Keith’s insistence that he needed only the common law, however, highlights the reluctance to adopt a more universal basis for defamation law reform around the world.
  • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

§ 609.765), Montana (Montana Code Annotated, § 13-35-234), New Hampshire (New Hampshire Revised Statute Annotated, § 644:11), New Mexico (New Mexico Statute Annotated, §30-11-1), North Carolina (North Carolina General Statutes, § 14-47), North Dakota (North Dakota Century Code, § 12.1-15-01), Oklahoma (Oklahoma Statutes, tit. .27 §§ 771-781), Utah (Utah Code Annotated, § 76-9-404), Virginia (Virginia Code Annotated, § 18.2-417), Washington (Washington Revised Code, 9.58.010), Wisconsin (Wisconsin Statutes, § 942.01), Puerto Rico (Puerto Rico Laws, tit.^ Puerto Rico Immigration Law .
  • Defamation, Slander and Libel - Labor Law Talk 10 February 2010 11:011 UTC www.laborlawtalk.com [Source type: Original source]

^ Puerto Rico Bankruptcy Law .
  • Defamation, Slander and Libel - Labor Law Talk 10 February 2010 11:011 UTC www.laborlawtalk.com [Source type: Original source]

^ Puerto Rico State and Federal Tax Law .
  • Defamation, Slander and Libel - Labor Law Talk 10 February 2010 11:011 UTC www.laborlawtalk.com [Source type: Original source]

33, §§ 4101-4104) and Virgin Islands (Virgin Islands Code, Title 14, § 1172).[81]

Oceania

Australia

.Australian law tends to follow English law on defamation issues, although there are differences introduced by statute and by the implied constitutional limitation on governmental powers to limit speech of a political nature established in Lange v Australian Broadcasting Association (1997).^ Part VII will conclude by arguing that the courts’ reliance on democracy as a justification for limiting defamation law may impede the development and global application of their reforms.
  • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

^ In reaching this result, the Court held that posting links on a website to allegedly defamatory statements, or sending such links in an email, does not constitute a republication of the defamatory statements that gives rise to a separate defamation claim, or commence anew the statute of limitations.
  • Online Defamation/Libel/Communications Decency Act - Internet Library of Law and Court Decisions 19 January 2010 18:018 UTC www.internetlibrary.com [Source type: FILTERED WITH BAYES]

^ It has been said in divinity, that "where mystery begins, religion ends;" and perhaps it may be said of law, with equal truth, that, whenever mystery is introduced into it, there is an end of reason and of justice.
  • Criminal Libel and the Duty of Juries 10 February 2010 11:011 UTC www.constitution.org [Source type: Original source]

.Since the introduction of the uniform defamation laws in 2005 the distinction between slander and libel has been abolished.^ The modern distinction between libel and slander was not introduced until after the Restoration.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ The common law rule that a master was liable for all publications of his servant or agent was mitigated by section 7 of the Libel Act 1843, which is reproduced in section 7 of the Irish Defamation Act 1961.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ Following the Report of this body on the law of defamation, Lord Campbell with the help of Starkie drafted a bill which became the Libel Act 1843 .
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

.A recent judgment of the High Court of Australia has significant consequences on interpretation of the law.^ The submission was rejected by the High Court of Australia.

^ The purpose of this exercise is fairly obvious, namely to give the impression that any judgment of the English court is of little significance and does nothing to establish that the allegations are false.

^ The courts’ use of different legal bases to liberalize defamation law suggests that the recent jurisprudence is compatible with several systems.
  • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

.On 10 December 2002, the High Court of Australia handed down its judgment in the Internet defamation dispute in the case of Gutnick v Dow Jones.^ The submission was rejected by the High Court of Australia.

^ It was applied to internet defamation by the High Court of Australia in the Gutnick case , where, as I have said, the defamation was published on the Dow Jones web site hosted in New Jersey.

^ Likewise, in the case of internet publications, they say that an English court should take jurisdiction only if the article in question was “advertised or promoted in England”.

.The judgment established that Internet-published foreign publications that defamed an Australian in their Australian reputation could be held accountable under Australian libel law.^ The law of defamation is complex and difficult to predict but even the simplest explanation — that a person can be defamed by the publication of material that harms their reputation and anyone involved in the dissemination of that material can be held liable for its defamatory content — should prompt people to think carefully about their responsibilities when exercising a right to freedom of expression.
  • Defamation 2.0 | newmatilda.com 19 January 2010 18:018 UTC newmatilda.com [Source type: FILTERED WITH BAYES]

^ Such immunity should be granted, held the Ninth Circuit, if the information in question was provided to the listserv operator by a third party under circumstances in which a reasonable person would conclude that the third party provided the information for publication on the Internet.
  • Online Defamation/Libel/Communications Decency Act - Internet Library of Law and Court Decisions 19 January 2010 18:018 UTC www.internetlibrary.com [Source type: FILTERED WITH BAYES]

^ The jury found the ad was too outrageous to be believed and could not be the basis of a libel action since Falwell's reputation was not damaged.
  • Media Law & Ethics: Class Notes: Section 4: Libel 10 February 2010 11:011 UTC www.class.uh.edu [Source type: FILTERED WITH BAYES]

The case gained worldwide attention and is often said, inaccurately, to be the first of its kind. A similar case that predates Gutnick v Dow Jones is Berezovsky v Forbes in England.[82]
.Slander has been occasionally used to justify (and with some success) physical reaction, however usually the punishment for assault is only slightly reduced when there is evidence of provocation.^ However usually when an industry’s bare existance is soly dependend on a restrictive legislation, then it is also usually some form of a state monopoly.
  • p2pnet news » Blog Archive » p2pnet sued for libel 10 February 2010 11:011 UTC www.p2pnet.net [Source type: General]

^ King had not been arrested seven times, but only four, and although he claimed to have been assaulted some years earlier in connection with his arrest for loitering outside a courtroom, one of the officers who made the arrest denied that there was such an assault.
  • New York Times Co. v. Sullivan 10 February 2010 11:011 UTC www.law.cornell.edu [Source type: Original source]

.Among the various common law jurisdictions, some Americans have presented a visceral and vocal reaction to the Gutnick decision.^ We will then suggest some criticisms of the present law.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ However, criticism of the present law will vary widely according to the viewpoint of the critic.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ We may now take up the thread of the history of blasphemous libels from the time this jurisdiction was taken over by the common law courts from the Court of Star Chamber and the Ecclesiastical courts.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

[83] .On the other hand, the decision mirrors similar decisions in many other jurisdictions such as England, Scotland, France, Canada and Italy.^ That last link also discusses some other serious problems with libel law in Canada (similar in some ways to the problems in the UK), which is in desperate need of a modern update.
  • Defamation stories at Techdirt. 19 January 2010 18:018 UTC techdirt.com [Source type: General]
  • Defamation stories at Techdirt. 19 January 2010 18:018 UTC ww.techdirt.com [Source type: General]

^ Other jurisdictions could thus easily adapt many of the rules developed over the past fifteen years.
  • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

^ On the other hand, there was nothing in Butt's past to indicate he could have done such a thing, and no football experts were questioned to further see if the story were believable.
  • http://www.una.edu/faculty/jlmcmullen/400libel.htm 10 February 2010 11:011 UTC www.una.edu [Source type: FILTERED WITH BAYES]
  • http://fly.hiwaay.net/~jmcmulle/400libel.htm 10 February 2010 11:011 UTC fly.hiwaay.net [Source type: FILTERED WITH BAYES]

.Uniform legislation was passed in Australia in 2005 severely restricting the right of corporations to sue for defamation (see, eg, Defamation Act 2005 (Vic), s 9).^ Denying corporations the right to sue .

^ Privilege deriving from the 'right of reply' provisions of the Defamation Act 1996.

^ National courts have denied governments, state-owned corporations, and most recently, political parties the standing to sue for defamation.
  • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

.The only corporations excluded from the general ban are those not for profit or those with less than 10 employees and not affiliated with another company.^ It seems like the only argument the company might have is a potential defamation claim if it were filed against the affiliates.
  • Defamation stories at Techdirt. 19 January 2010 18:018 UTC techdirt.com [Source type: General]
  • Defamation stories at Techdirt. 19 January 2010 18:018 UTC ww.techdirt.com [Source type: General]

^ That is what has been done in the Australian Defamation Law 2005, which precludes such actions by companies with more than 10 employees, unless they can show malice, as in malicious falsehood actions.

^ And it goes beyond superinjunctions and the less than attractive corporate bullying that we see of scientists and researchers.

.Corporations may, however, still sue for the tort of injurious falsehood, where the burden of proof is greater than for mere defamation, because the plaintiff must show that the defamation was made with malice and resulted in economic loss.^ Burden of proof is on the plaintiff to show that actual damage occurred.
  • ODLIS: Online Dictionary for Library and Information Science 10 February 2010 11:011 UTC lu.com [Source type: Academic]

^ This may seem harsh, however, I only wish to address comments made by others saying that true Christianity is not what the Medieval Church of Rome practiced.
  • Crash Course in Jewish History Part 46 - Blood Libel 10 February 2010 11:011 UTC www.aish.com [Source type: Original source]

^ Vortex public persons must prove actual malice ONLY in defamation sits directly related to the voluntary activity.
  • http://www.una.edu/faculty/jlmcmullen/400libel.htm 10 February 2010 11:011 UTC www.una.edu [Source type: FILTERED WITH BAYES]

[84]
.The 2005 reforms also established across all Australian states the availability of truth as an unqualified defense; previously a number of states only allowed a defense of truth with the condition that a public benefit existed.^ The Act allowed the defendant the defense of truth, and provided that the jury were to be judges both of the law and the facts.
  • New York Times Co. v. Sullivan 10 February 2010 11:011 UTC www.law.cornell.edu [Source type: Original source]

^ It is, indeed, sometimes a considerable benefit to the public, when great lawyers are ill used by kings, or ministers of state.
  • Criminal Libel and the Duty of Juries 10 February 2010 11:011 UTC www.constitution.org [Source type: Original source]

^ The state rule of law is not saved by its allowance of the defense of truth.
  • New York Times Co. v. Sullivan 10 February 2010 11:011 UTC www.law.cornell.edu [Source type: Original source]

[85]

Religious law

Related torts

.Some jurisdictions have a separate tort or delict of "verbal injury", "intentional infliction of emotional distress", "outrageousness", or "convicium", involving the making of a statement, even if truthful, intended to harm the claimant out of malice; some have a separate tort or delict of "invasion of privacy" in which the making of a true statement may give rise to liability: but neither of these comes under the general heading of "defamation". Some jurisdictions also have the tort of "false light", in which a statement may be technically true, but so misleading as to be defamatory.^ Defamation is a “strict liability” tort.
  • p2pnet news » Blog Archive » p2pnet sued for libel 10 February 2010 11:011 UTC www.p2pnet.net [Source type: General]

^ In such a case, however, there may be liability for other personal injury, such as intentional infliction of emotional distress , or wrongful invasion of privacy.
  • MAJOR CASES IN LIBEL LAW 10 February 2010 11:011 UTC www.csulb.edu [Source type: Original source]

^ THE FALSE STATEMENT MUST CAUSE HARM or DAMAGE: Damages may include damage .
  • http://www.una.edu/faculty/jlmcmullen/400libel.htm 10 February 2010 11:011 UTC www.una.edu [Source type: FILTERED WITH BAYES]

.There is also, in almost all jurisdictions, a tort or delict of "misrepresentation", involving the making of a statement that is untrue even though not defamatory.^ However, in the case of statements, even if there is a substantial risk of falsity, there might be nonetheless a good reason for publishing it, such as reasons of public interest.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ Although the statements may be taken as referring to the police, they did not, on their face, make even an oblique reference to respondent as an individual.
  • New York Times Co. v. Sullivan 10 February 2010 11:011 UTC www.law.cornell.edu [Source type: Original source]

^ Although the term has been variously defined, it is clear that knowledge that the statement was defamatory and untrue would amount to malice in this context.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

.Thus a surveyor who states a house is free from risk of flooding has not defamed anyone, but may still be liable to someone who purchases the house relying on this statement.^ Anyone who has any part in the publication of a defamatory statement is charged with, and can be liable for it.
  • MAJOR CASES IN LIBEL LAW 10 February 2010 11:011 UTC www.csulb.edu [Source type: Original source]

^ Part VII will conclude by arguing that the courts’ reliance on democracy as a justification for limiting defamation law may impede the development and global application of their reforms.
  • Defamation Law: Positive Jurisprudence 19 January 2010 18:018 UTC www.law.harvard.edu [Source type: Original source]

^ Thus the perils when those who mean to live free rely on media with an undisclosed bias.
  • Anti-Defamation League | Criminal State 19 January 2010 18:018 UTC criminalstate.com [Source type: FILTERED WITH BAYES]

Other increasingly common claims similar to defamation in U.S. law are claims that a famous trademark has been diluted through tarnishment, see generally trademark dilution, "intentional interference with contract", and "negligent misrepresentation".
.Criminal laws prohibiting protests at funerals, sedition, false statements in connection with elections, and the use of profanity in public, are also often used in contexts similar to criminal libel actions.^ Thirdly, a criminal court could make a libeller find securities for future good behaviour, whereas the common law court could not order an injunction.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ We therefore continue to maintain that the uncertainty of the law regarding the admissibility in a criminal libel trial of the previous conviction of the prosecutor for the conduct which is referred to in the libel is objectionable.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

^ This merely reinforces the obvious fact that the developing criminal offence of libel had little to do with reputation and much more to do with maintenance of the public peace.
  • Consultation Paper on The Crime of Libel 10 February 2010 11:011 UTC www.lawreform.ie [Source type: Original source]

.The boundaries of a court's power to hold individuals in "contempt of court" for what amounts to alleged defamatory statements about judges or the court process by attorneys or other people involved in court cases is also not well established in many common law countries.^ AND it is notorious, that, in many cases, juries do constantly judge of matters of law, as well as fact.
  • Criminal Libel and the Duty of Juries 10 February 2010 11:011 UTC www.constitution.org [Source type: Original source]

^ The difference in the two cases had to do with the amount of time involved in the publishing process.
  • Media Law & Ethics: Class Notes: Section 4: Libel 10 February 2010 11:011 UTC www.class.uh.edu [Source type: FILTERED WITH BAYES]

^ The other case involved the issue of blacklisting.
  • Media Law & Ethics: Class Notes: Section 4: Libel 10 February 2010 11:011 UTC www.class.uh.edu [Source type: FILTERED WITH BAYES]

See also

References

  1. ^ E.g., in the case the offense of defamatory libel under the common law of England and Wales, where prior to the enactment of section 6 of the Libel Act 1843 (defense of justification for the public benefit), the truth of the defamatory statement was irrelevant, and it continues to be sufficient that it is published to the defamed person alone.
  2. ^ Center for Visual Computing Invasion of Privacy
  3. ^ a b False light by Professor Edward C. Martin - Cumberland School of Law, Samford University
  4. ^ The Law Reform Commission of Ireland - Consultation Paper on the Civil Law of Defamation (see item 360 in bold)
  5. ^ from Latin : libellus ("little book") ("Webster's 1828 Dictionary, Electronic Version". Christian Technologies, Inc.. 1828. http://65.66.134.201/cgi-bin/webster/webster.exe?search_for_texts_web1828=libel. Retrieved 2006-12-31. 
  6. ^ "Online Etymology Dictionary". http://www.etymonline.com/index.php?search=libel&searchmode=none. Retrieved 2006-12-31. )
  7. ^ 50 Am.Jur.2d libel and slander 1-546
  8. ^ "out-law.com". August 8, 2008. http://www.out-law.com/page-9330. 
  9. ^ Map showing countries with criminal defamation laws
  10. ^ ARTICLE 19 statements on criminalized defamation
  11. ^ OSCE Report - Libel and Insult Laws: a matrix on where we stand and what we would like to achieve
  12. ^ Folkard, Henry Coleman (1908). The Law of Slander and Libel. London: Butterworth & Co.. pp. 480. http://books.google.com/books?id=7C8WAAAAYAAJ&lpg=PA579&ots=6o0ssMhlBM&dq=libel%20act%201843&pg=PA480#v=onepage&q=public%20benefit&f=false. 
  13. ^ Republic of the Philippines. "The Revised Penal Code". Chan Robles law Firm. http://www.chanrobles.com/revisedpenalcodeofthephilippinesbook2.htm. Retrieved 2006-11-24. "Art. 353. Definition of libel. – A libel is public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead." 
  14. ^ See, for example, Section 18-13-105, Colorado Revised Statutes
  15. ^ "Legal dictionary". findlaw.com. http://dictionary.lp.findlaw.com/scripts/results.pl?co=dictionary.lp.findlaw.com&topic=61/610d76026e388dc5e6c88e6a8ddcef8d#public%20interest. Retrieved 2006-11-24. 
  16. ^ "Legal Terms". legal.org. http://www.canona650.com. Retrieved 2004-10-22. 
  17. ^ Milkovich v. Lorain Journal Co., 497 U.S. 1 (1990)
  18. ^ New York Times Co. v. Sullivan, 376 U.S. 254 (1964).
  19. ^ Article 10 of the European Convention on Human Rights
  20. ^ BBC News, reporting the comments of Professor Michael Geist, July 31, 2006
  21. ^ IRIS 2006-10:2/1: Ilia Dohel, Office of the OSCE Representative on Freedom of the Media. Representative on Freedom of the Media: Report on Achievements in the Decriminalization of Defamation
  22. ^ PACE Resolution 1577 (2007): Towards decriminalisation of defamation
  23. ^ European Council – Laws on Defamation (English version) – Section Azerbaijan
  24. ^ Criminal Code of the Azerbaijan Republic English)
  25. ^ OSCE report – Libel and Insult Laws (see page 19)
  26. ^ Unofficial translation by Prof Whon-Il Park, Asst. Prof. of Law at Kyung Hee University, www.worldlii.org/int/other/PrivLRes/2005/2.html additions by Watts, S. [Dec. 30, 2005]
  27. ^ Document - Singapore: Defamation suits threaten Chee Soon Juan and erode freedom of expression Amnesty International
  28. ^ Libel On The Internet: An International Problem
  29. ^ The recent spat by the DBS bank is proof that the libel law in Singapore needs to be reformed
  30. ^ news.bbc.co.uk, Editor 'defamed' Singapore leader
  31. ^ Copyright, Defamation and Privacy in Soviet Civil Law (LEVITSKY, Serge L.) (Law in Eastern Europe, No. 22 (I) – Issued by the Documentation Office for East European Law, from the University of Leyden, page 114)
  32. ^ [1]
  33. ^ Criminal Code of the Republic of Albania – English version
  34. ^ European Council – Aperçu des legislations nationales en matière de diffamation et d'injure – English version – Section Albania
  35. ^ European Council – Laws on Defamation (English version) – Section Austria
  36. ^ (French) Belgian Penal Code – Crimes against honour (see Articles 443 to 453-bis)
  37. ^ European Council – Laws on Defamation – Section Belgium (French)
  38. ^ European Council – Laws on Defamation (English version) – Section Bulgary
  39. ^ European Council – Laws on Defamation (English) – Section Croatia
  40. ^ Czech Criminal Code – Law No. 40/2009 Coll., Article 184
  41. ^ European Council – Laws on Defamation (English) – Section Denmark
  42. ^ OSCE report on defamation laws (English) (see page 51, item 6)
  43. ^ The Penal Code of Finland (English version)
  44. ^ European Council – Laws on Defamation (English) – Section Finland
  45. ^ Bundeskriminalamt (Federal Police) Yearly Statistics 2006
  46. ^ OSCE Report on Defamation laws in Europe and North America (see page 68, items 6 and 7)
  47. ^ European Council – Laws on Defamation (English) – Section Greece
  48. ^ (Italian) Italian Penal Code (see Articles 594-595)
  49. ^ OSCE Report on Insult Laws in Europe and North America (see page 79, item 8)
  50. ^ (Italian) Italian Penal Code (see Article 31)
  51. ^ European Council – Defamation Laws (English) – Section Norway
  52. ^ Norwegian Penal Code (English version)
  53. ^ European Council – Defamation Laws (English) – Section Poland
  54. ^ OSCE Report on Defamation Laws in Europe and North America (see page 117, item 6)
  55. ^ (Portuguese) Portuguese Penal Code (articles 180 to 189)
  56. ^ (Portuguese) Portuguese Penal Code (official version)PDF (641 KB) (full text)
  57. ^ (Spanish) Penal Code of Spain (Articles 205 thru 216)
  58. ^ European Council – Laws on Defamation (English) – Section Spain
  59. ^ Swedish Penal Code (English version) (see Chapter 5)
  60. ^ European Council – Laws on Defamation (English) – Section Sweden
  61. ^ (French) Swiss Penal Code – Calumny (Article 174)
  62. ^ (French) Swiss Penal Code – Defamation (Article 173)
  63. ^ (French) Swiss Penal Code – Defamation and calumny against a deceased or absent person (Article 175)
  64. ^ Coroners and Justice Act 2009
  65. ^ (Spanish) Argentinian Penal Code (official text) – Crimes Against Honor (Articles 109 thru 117-bis)
  66. ^ (Portuguese) Brazilian Penal Code (official text)
  67. ^ (Spanish) Chilean Penal Code, Book II (see Articles 412 to 431)
  68. ^ (Spanish) IEstudiosPenales.com.ar – Penal Code of ChilePDF (578 KB) (see pages 75-78)
  69. ^ (Spanish) Chilean Penal Code, Book I (see Articles 25 and 30)
  70. ^ (Spanish) Biblioteca.jus.gov.ar – Penal Code of Chile (see articles 416-417 and 424-425)
  71. ^ Murphy v. LaMarsh (1970), 73 W.W.R. 114
  72. ^ Supreme Court of Canada - Decisions - Grant v. Torstar Corp
  73. ^ Société Radio-Canada c. Radio Sept-Îles inc., [1994] R.J.Q. 1811 canlii.org
  74. ^ (English) Canadian Criminal Code – Blasphemous Libel and Defamatory Libel (see Articles 296 to 317)
  75. ^ Moles, Robert N, PhD. "Canada reports: Libel case may set precedent". Networked Knowledge. http://netk.net.au/Canada/Canada15.asp. Retrieved 2009-01-03. 
  76. ^ OSCE Report on Defamation Laws (English) (see page 40)
  77. ^ Dancing With Lawyers
  78. ^ New York Times, "Firm Awarded $222.7 Million In a Libel Suit Vs. Dow Jones"
  79. ^ Awards $35.5 Million To Russian In Libel Case, The Washington Post, December 16th, 1999
  80. ^ U.S. Court Finds Kommersant Guilty of Libel
  81. ^ OSCE – Libel and Insult Laws: A Matrix on Where We Stand and What We Would Like to Achieve (see page 171; report on the United States provided by HELLER, Dave, from the Media Law Resource Center)
  82. ^ House of Lords - Berezovsky v. Michaels and Others Glouchkov v. Michaels and Others (Consolidated Appeals)
  83. ^ Letter From the Editor - Barron's Online
  84. ^ Australian Press Council - Press Law in Australia
  85. ^ Electronic Frontiers Australia: civil liberties online

External links

Look up defamation, slander, and/or libel in Wiktionary, the free dictionary.

Quotes

Up to date as of January 14, 2010

From Wikiquote

.In law, defamation (also called vilification, slander, and libel) is the communication of a statement that makes a false claim, expressively stated or implied to be factual, that may give an individual, business, product, group, government or nation a negative image.^ How do I make a claim for defamation?

^ Remember, l ibel and defamation laws vary widely by State and Nation.
  • Republishing a libel & internet censoring 10 February 2010 11:011 UTC www.dba-oracle.com [Source type: FILTERED WITH BAYES]

^ Retrieved via What is not libel or slander and When its not defamation.
  • When it’s not defamation « Kafila 19 January 2010 18:018 UTC kafila.org [Source type: Original source]

.Slander refers to a malicious, false, and defamatory statement or report, while libel refers to any other form of communication such as written words or images.^ A statement is libelous on its face if it is defamatory without reference to any other information.

^ When it is in a “fixed” form such as written or in a photograph is is libel .
  • Libel, Slander and the Internet | New Webmasters 10 February 2010 11:011 UTC newwebmasters.net [Source type: General]

^ In other words libel and slander are both defamation, but libel is printed and slander is spoken.
  • What is Defamation? Do I have a case? -- Morris & Stone 19 January 2010 18:018 UTC www.toplawfirm.com [Source type: Original source]

.Most jurisdictions allow legal actions, civil and/or criminal, to deter various kinds of defamation and retaliate against groundless criticism.^ Most jurisdictions allow legal actions, civil and/or criminal, to deter various kinds of defamation and retaliate against groundless criticism.
  • Deleting and dealing with Internet Defamation of Character or e-libel. Reflections of an Internet Libel Survivor & Career Re-builder. 10 February 2010 11:011 UTC www.rexxfield.com [Source type: Original source]
  • Defamation encyclopedia topics | Reference.com 19 January 2010 18:018 UTC www.reference.com [Source type: Original source]
  • Defamation - Wikiquote 19 January 2010 18:018 UTC en.wikiquote.org [Source type: Original source]
  • Tips for dealing with Internet Defamation or e-libel. Reflections of an Internet Libel Survivor & Career Re-builder. 19 January 2010 18:018 UTC www.rexxfield.com [Source type: FILTERED WITH BAYES]

^ Most jurisdictions provide legal actions, civil and/or criminal, to punish various kinds of defamation.

^ Would i have any kind of legal action against this person?
  • How to Prove Slander | eHow.com 19 September 2009 6:06 UTC www.ehow.com [Source type: FILTERED WITH BAYES]

Sourced

.
  • Do not repeat slander; you should not hear it, for it is the result of hot temper.^ Do not repeat slander; you should not hear it, for it is the result of hot temper.
    • Defamation - Wikiquote 19 January 2010 18:018 UTC en.wikiquote.org [Source type: Original source]

    ^ What Should Be Done With the Slanderer Dear brothers, any person to whom the Nameemah was carried and was told so-and-so said such-and-such about you or did such-and-such against you, etc.

    ^ Slander is a term describing defamation that you hear, not see, usually in the form of someone talking trash about you or spreading or repeating lies and unfounded rumor.
    • Defamation 19 January 2010 18:018 UTC www.faceintel.com [Source type: Original source]

  • 'Tis slander,
    Whose edge is sharper than the sword, whose tongue
    Outvenoms all the worms of Nile.^ 'Tis slander, Whose edge is sharper than the sword, whose tongue Outvenoms all the worms of Nile.
    • Defamation - Wikiquote 19 January 2010 18:018 UTC en.wikiquote.org [Source type: Original source]

    ^ No, 'tis slander, Whose edge is sharper than the sword, whose tongue Outvenoms all the worms of Nile, whose breath Rides on the posting winds and doth belie All corners of the world.

    ^ Your tittle-tattlers, and those who listen to slander, by my good will should all be hanged--the former by their tongues, the latter by the ears.

    .
  • Done to death by slanderous tongues,
    Was the Hero that here lies.^ Shakespeare, Othello , Act III, scene 3.
    • MAJOR CASES IN LIBEL LAW 10 February 2010 11:011 UTC www.csulb.edu [Source type: Original source]

    ^ Done to death by slanderous tongues Was the Hero that here lies.

    ^ Done to death by slanderous tongues, Was the Hero that here lies.
    • Defamation - Wikiquote 19 January 2010 18:018 UTC en.wikiquote.org [Source type: Original source]

    .
    • William Shakespeare, "Claudio" in Much Ado About Nothing (c.^ Author:   William Shakespeare Source:   Much Ado About Nothing (Antonio at V, i) .

      ^ Author:   William Shakespeare Source:   Much Ado About Nothing (Claudio at V, iii) .

      ^ William Shakespeare , "Claudio" in Much Ado About Nothing (c.
      • Defamation - Wikiquote 19 January 2010 18:018 UTC en.wikiquote.org [Source type: Original source]

      .1598-1599), Act V, Scene iii.
  • King: So haply slander-
    Whose whisper o'er the world's diameter,
    As level as the cannon to his blank,
    Transports his poisoned shot- may miss our name
    And hit the woundless air.- O, come away!^ Shakespeare, Othello , Act III, scene 3.
    • MAJOR CASES IN LIBEL LAW 10 February 2010 11:011 UTC www.csulb.edu [Source type: Original source]

    ^ We spend time away from our family and friends all in the name of developing our skills. We make the kind of sacrifices that only one of us would understand.

    ^ Guess all of us that post to this are going to have our names come out.
    • p2pnet news » Blog Archive » p2pnet sued for libel 10 February 2010 11:011 UTC www.p2pnet.net [Source type: General]


    .My soul is full of discord and dismay.^ My soul is full of discord and dismay.
    • Defamation - Wikiquote 19 January 2010 18:018 UTC en.wikiquote.org [Source type: Original source]

    .
  • Every libel, which is called famosus libellus, is made either against a private man, or against a public person.^ Shakespeare, Othello , Act III, scene 3.
    • MAJOR CASES IN LIBEL LAW 10 February 2010 11:011 UTC www.csulb.edu [Source type: Original source]

    ^ And this may be, and sometimes is, against a public, and sometimes against a private person; sometimes against the living, sometimes against the dead.'
    • Criminal Libel and the Duty of Juries 10 February 2010 11:011 UTC www.constitution.org [Source type: Original source]

    ^ Whether the person is a public or private figure will decide the type of recourse the person has against libel.
    • Avoiding Libel in Online Writing: How Libel Laws Affect Web Content, Blogs and Internet Copy 10 February 2010 11:011 UTC onlinepublishing.suite101.com [Source type: FILTERED WITH BAYES]

    .If it be against a private man, it deserves a severe punishment.^ If it be against a private man, it deserves a severe punishment.
    • Defamation - Wikiquote 19 January 2010 18:018 UTC en.wikiquote.org [Source type: Original source]

    ^ Every libel, which is called famosus libellus , is made either against a private man, or against a public person.
    • Defamation - Wikiquote 19 January 2010 18:018 UTC en.wikiquote.org [Source type: Original source]

    ^ SHEPPARD says, 'The offence, if it be against a public person, a magistrate, a lord, or eminent man, is greater, and the punishment will be greater, than where it is against a private person, or meaner man.'
    • Criminal Libel and the Duty of Juries 10 February 2010 11:011 UTC www.constitution.org [Source type: Original source]

  • Audacter calumniare, semper aliquid haeret.^ Audacter calumniare, semper aliquid haeret .
    • Defamation - Wikiquote 19 January 2010 18:018 UTC en.wikiquote.org [Source type: Original source]

    .
    • Translated: "Hurl your calumnies boldly; something is sure to stick".
    • Francis Bacon, De Augmentis Scientiarum (1623).
  • A generous heart repairs a slanderous tongue.^ A CHRISTIAN SHOULD KEEP HIMSELF FROM SLANDER AND LIBEL "Keep your tongue from evil, and your lips from speaking guile" (Ps.34:13).
    • Keith Hunt - A Fiery Dart - Slander! 19 September 2009 6:06 UTC www.keithhunt.com [Source type: Original source]

    ^ Defamation is a general term for the false attack on your character or reputation through either libel or slander.
    • Defamation 19 January 2010 18:018 UTC www.faceintel.com [Source type: Original source]

    ^ Stick to facts and if making a generalization based on your experience, be sure to state it is as your opinion.
    • What is Libel? 10 February 2010 11:011 UTC www.wisegeek.com [Source type: Original source]

    .
  • Slander is a poison which extinguishes charity, both in the slanderer and in the persons who listen to it.^ On the other hand, a person who has been slandered (i.e.
    • Defamation | OUT-LAW.COM by Pinsent Masons LLP 19 January 2010 18:018 UTC www.out-law.com [Source type: Original source]

    ^ Slander is a poison which extinguishes charity, both in the slanderer and in the persons who listen to it.
    • Defamation - Wikiquote 19 January 2010 18:018 UTC en.wikiquote.org [Source type: Original source]

    ^ Alexander Pope , The Odyssey of Homer (1725), Book VIII, line 432.
    • Defamation - Wikiquote 19 January 2010 18:018 UTC en.wikiquote.org [Source type: Original source]

    • St. Bernard, reported in Josiah Hotchkiss Gilbert, Dictionary of Burning Words of Brilliant Writers (1895), p. .214.
  • I hate the man who builds his name
    On ruins of another's fame.^ I hate the man who builds his name On ruins of another's fame.
    • Slander Quotes 19 September 2009 6:06 UTC www.worldofquotes.com [Source type: Original source]
    • Defamation - Wikiquote 19 January 2010 18:018 UTC en.wikiquote.org [Source type: Original source]

    ^ I hate the man who builds his name on the ruins of another's fame.

    ^ Cremers received an e-mail from a man named Robert Smith, who identified himself as a building contractor in North Carolina.
    • OJR article: Online Publishing Risks Create Need for Libel Insurance 10 February 2010 11:011 UTC www.ojr.org [Source type: FILTERED WITH BAYES]


    .Thus prudes, by characters o'erthrown,
    Imagine that they raise their own.
    ^ Thus prudes, by characters o'erthrown, Imagine that they raise their own.
    • Defamation - Wikiquote 19 January 2010 18:018 UTC en.wikiquote.org [Source type: Original source]

    ^ Here's a writer's nightmare: you create a fictitious character, one you sincerely believe exists only in your own imagination.
    • Avoid Defamation of Character: How to Write a Story Without Getting Sued 19 January 2010 18:018 UTC www.creativejuicesbooks.com [Source type: General]

    ^ If newspapers choose to publish exposés of this character, unambiguously asserting the criminal guilt of those they investigate, they must do so at their own financial risk.


    Thus Scribblers, covetous of praise,
    Think slander can transplant the bays. .
    • John Gay, Fables (1727), Fable XLV, "The Poet and the Rose"
  • When squint-eyed Slander plies the unhallow'd tongue,
    From poison'd maw when Treason weaves his line,
    And Muse apostate (infamy to song!^ Author:   John Gay Source:   The Poet and the Rose .

    )
    Grovels, low muttering, at Sedition's shrine. .
  • Alexander von Humboldt (seeing a newspaper containing slanderous falsehoods against Jefferson on the President's desk) : Why do you not have the fellow hung who dares to write these abominable lies?^ Call her thin-skinned if you want, but the case is about whether Google can be compelled to turn over the name of the blogger who made these unjustified remarks.

    ^ Lawyers who specialize in libel lawsuits and slander lawsuits know how to spot lies, and know the information you will need to prove the liar intended to hurt you.
    • Libel Lawyer - Avvo.com 10 February 2010 11:011 UTC www.avvo.com [Source type: General]

    ^ Now, with this in my file anyone can see this false libel, slander, and defamation will and can be held against me for future advancement or question my morals.
    • Defamation of Character - Avvo.com 19 January 2010 18:018 UTC www.avvo.com [Source type: General]


    Thomas Jefferson : What! hang the guardians of the public morals? .No, sir, — rather would I protect the spirit of freedom which dictates even that degree of abuse.^ In many countries, there are no laws protecting freedom of speech nor journalists or bloggers.
    • libel | The Blog Herald 10 February 2010 11:011 UTC www.blogherald.com [Source type: General]
    • defamation | The Blog Herald 19 January 2010 18:018 UTC www.blogherald.com [Source type: General]

    ^ Defamation is usually defensible even though in Australia there is no universal ‘’freedom ...
    • Experienced Lawyers Handling Copyright Infringement, Media Law, Defamation and Free Speech 19 January 2010 18:018 UTC tcattorney.typepad.com [Source type: General]

    ^ Thus, even when couched as an opinion, such a low valuation - one that no expert would support - is, in effect, a false statement.
    • FindLaw's Writ - Hilden: Donald Trump Sues for Defamation Is His Net Worth a Fact, or a Matter of Opinion? 19 January 2010 18:018 UTC writ.news.findlaw.com [Source type: Original source]

    .Put that paper into your pocket, my good friend, carry it with you to Europe, and when you hear any one doubt the reality of American freedom, show them that paper, and tell them where you found it.^ "I'm very happy with your service and will recommend you to my friends."
    • Defamation Law Solicitors: Find Defamation Law Solicitors / Lawyers in UK / London 19 January 2010 18:018 UTC www.contactlaw.co.uk [Source type: News]
    • Slander Lawyer: Find Slander / Defamation Solicitors in UK / London 19 January 2010 18:018 UTC www.contactlaw.co.uk [Source type: News]

    ^ Post-termination communication is one area in which managers can get into trouble in terms of defamation or libel claims, but you can cut the risk if you set ground rules.
    • Defamation Claim From E-mail About Employee' s Termination — legalworkplace.com 19 January 2010 18:018 UTC www.legalworkplace.com [Source type: FILTERED WITH BAYES]

    ^ Luqman said to his son: "My son I admonish you with qualities that if you hold to, you will always be honored as the head of your people: be good (have good manners) with the near and far; do not lose your temper with the respected people; protect your brothers and their honor; and join your kin.


    .Humboldt : But is it not shocking that virtuous characters should be defamed?^ Defamation of character "is the result of an attack on the reputation of a person or organization; it includes attacks on a persons honesty, integrity, or virtue which result in public contemp, ridicule , or financial injury"(HFAC, p.1).
    • Threats against members of our society generally fall into a category of speech deemed �fighting words� and are not within the protective boundaries of the First Amendment (Chiplinski v 10 February 2010 11:011 UTC www.bsos.umd.edu [Source type: Original source]

    ^ To decide if you should sue for defamation of character, consult an attorney to weigh your options.
    • Defamation of Character - Avvo.com 19 January 2010 18:018 UTC www.avvo.com [Source type: General]


    .Jefferson : Let their actions refute such libels.^ Given that libel actions, alone amongst civil proceedings, are heard in front of a jury, such a defence is high-risk and unpredictable at best.
    • Digital Rights Ireland » Libel Laws In Ireland 10 February 2010 11:011 UTC www.digitalrights.ie [Source type: General]

    ^ Here, however, that did not save plaintiffs’ libel claim from dismissal, because such republication occurred over one year prior to the commencement of this action.
    • Online Defamation/Libel/Communications Decency Act - Internet Library of Law and Court Decisions 19 January 2010 18:018 UTC www.internetlibrary.com [Source type: FILTERED WITH BAYES]

    .Believe me, virtue is not long darkened by the clouds of calumny; and the temporary pain which it causes is infinitely overweighed by the safety it insures against degeneracy in the principles and conduct of public functionaries.^ The guide discusses the elementary principles of libel law and explains how to prepare for and conduct a pre-publication libel review.
    • UK libel laws and global free speech 10 February 2010 11:011 UTC www.sindark.com [Source type: Original source]

    ^ Reply Current law hews pretty closely (although not exactly) to a principle that it is permissible to say something false, so long as you believe it.
    • Overcoming Bias : Libel, Slander, Blackmail 10 February 2010 11:011 UTC www.overcomingbias.com [Source type: Original source]

    ^ III. Bringing a Cause of Action for a Minor As the wrongful conduct you describe is against your son, and not against you, the cause of action belongs to your son.
    • Google Answers: Defamation of Character/Slander 19 September 2009 6:06 UTC answers.google.com [Source type: Original source]

    .When a man assumes a public trust, he should consider himself as public property.^ Taking into account the arguments set out above, do you consider in principle that the multiple publication rule should be retained?
    • Questionnaire « Defamation and the internet 19 January 2010 18:018 UTC writetoreply.org [Source type: FILTERED WITH BAYES]

    ^ Libel & slander laws – defamation laws – date back to Roman times and were created precisely to protect a man’s property in his good public reputation.
    • Overcoming Bias : Libel, Slander, Blackmail 10 February 2010 11:011 UTC www.overcomingbias.com [Source type: Original source]

    ^ Nor should any jury find any man guilty of having published a libel, till they are not only convinced of the fact of publication, but also of the criminality of the production.
    • Criminal Libel and the Duty of Juries 10 February 2010 11:011 UTC www.constitution.org [Source type: Original source]

    • Conversation reported in B.L. Rayner, Life of Jefferson (1834), p. .356. The exact date is not known, but the conversation took place in one of several meetings with the President during Humboldt's visit to Washington, D.C., from June 1 to June 27, 1804.
  • The breath
    Of accusation kills an innocent name,
    And leaves for lame acquittal the poor life,
    Which is a mask without it.^ While it is unusual for the defendant to be considered ‘guilty until proven innocent’ one can understand why this system exists: The libel is an accusation in itself.
    • Libel law needs major reform 10 February 2010 11:011 UTC www.libdemvoice.org [Source type: General]

    ^ The A naming of names @ always took place in a committee meeting or on the floor of the Senate, where the absolute privilege against defamation was available.
    • MAJOR CASES IN LIBEL LAW 10 February 2010 11:011 UTC www.csulb.edu [Source type: Original source]

    ^ Here, the alleged crime took place outside the officer’s immediate knowledge and without a warrant.

    .
  • 'T was Slander filled her mouth with lying words,
    Slander, the foulest whelp of Sin.^ They are: Libel, which is the publication of defamatory matter in writing or in some other permanent form, and Slander, which is the publication of defamatory matter by word of mouth or in some transient (temporary) form.
    • CLIC - Defamation: A basic knowledge of what constitutes defamation in Hong Kong 19 January 2010 18:018 UTC www.hkclic.org [Source type: Original source]

    ^ If we remember that it is from the heart and mind of a person that the mouth speaks, and if we fill that heart and mind with truth and goodness, we will have little or no trouble with having a slanderous tongue.
    • Keith Hunt - A Fiery Dart - Slander! 19 September 2009 6:06 UTC www.keithhunt.com [Source type: Original source]

    .
  • Truth is generally the best vindication against slander.^ Truth is the best defense against libel.
    • Bloggers beware: You're liable to commit libel | Train Wreck - CNET News 10 February 2010 11:011 UTC news.cnet.com [Source type: FILTERED WITH BAYES]
    • Bloggers beware: You're liable to commit libel | Train Wreck - CNET Blogs 10 February 2010 11:011 UTC www.cnet.com [Source type: General]

    ^ Isn’t truth the best defense against libel/slander/defamation?
    • Libel Reform – Bad Science 10 February 2010 11:011 UTC www.badscience.net [Source type: FILTERED WITH BAYES]

    ^ I'm trying to use the outline of your book, "Winning Every Time" to build a case against him before I present to a lawyer, thanks for the great book.
    • FOXNews.com - Lowdown on Slander Laws - FOX Fan 19 September 2009 6:06 UTC www.foxnews.com [Source type: General]

    • Abraham Lincoln, reportedly when requested to dismiss Montgomery Blair, Postmaster-General, in Bartlett's Familiar Quotations, 10th ed. .(1919).
  • It takes your enemy and your friend, working together, to hurt you to the heart; the one to slander you and the other to get the news to you.^ You then agree that the CIA was slandered I take it.
    • Cheney accuses Obama of 'libel' against CIA interrogators - Hot Button Blog - Washington Times 10 February 2010 11:011 UTC washingtontimes.com [Source type: News]

    ^ Be careful about using private person's names on the Internet, especially if you are a blogger or post other types of opinions on your site.
    • Page 4 - Of Links and Libel 10 February 2010 11:011 UTC www.devarticles.com [Source type: General]

    ^ Having read your work for some time I doubt that you believe Hamas qualifies as "those who seek democracy."
    • The Trademark Blog: Libel/Defamation Archives 19 January 2010 18:018 UTC www.schwimmerlegal.com [Source type: FILTERED WITH BAYES]

    .
  • This is not a book.^ The following selection is a chapter exerpted from the new third edition ofthe book that will be released in 1998.
    • Defamation 19 January 2010 18:018 UTC www.faceintel.com [Source type: Original source]

    .This is libel, slander, defamation of character.^ Historically, defamation consisted of slander and libel.

    ^ Defamation includes both libel and slander.
    • Libel and Privacy 10 February 2010 11:011 UTC www.mobar.org [Source type: Original source]

    ^ I feel that this has defamed my character, and has libeled me.
    • What is Libel? 10 February 2010 11:011 UTC www.wisegeek.com [Source type: Original source]

    .This is not a book, in the ordinary sense of the word.^ The word “justification” should not be taken in its ordinary sense of a person being morally or ethically warranted in making various assertions.

    .No, this is a prolonged insult, a gob of spit in the face of Art, a kick in the pants to God, Man, Destiny, Time, Love, Beauty ...^ No, this is a prolonged insult, a gob of spit in the face of Art, a kick in the pants to God, Man, Destiny, Time, Love, Beauty...
    • LIBEL en Música MySpace – Transmisión gratuita de MP3s, Fotos & Videos Musicales 10 February 2010 11:011 UTC www.myspace.com [Source type: FILTERED WITH BAYES]

    ^ God knows I loved my niece, And she is dead, slandered to death by villains, That dare as well answer a man indeed As I dare take a serpent by the tongue.

    ^ No post ever made at AAR has met the definition of defamation - or even come close - although at times certain posts may have come across as insulting or offensive to some.
    • All About Romance: Editorial: The Chilling Effect 10 February 2010 11:011 UTC www.likesbooks.com [Source type: Original source]

    what you will. .
  • Silence to man and prayer to God are the best cures for the evil of slander.^ DO NOT LISTEN TO SLANDER King Saul of Israel often tried to kill David (the man God had chosen to replace Saul as king over Israel).
    • Keith Hunt - A Fiery Dart - Slander! 19 September 2009 6:06 UTC www.keithhunt.com [Source type: Original source]

    ^ SLANDER AMONG THE PEOPLE OF GOD Because slander is such an evil and destructive sin, you would think that God's people would have little trouble with it, that slanderous talk among the children of God would be practically non existent.
    • Keith Hunt - A Fiery Dart - Slander! 19 September 2009 6:06 UTC www.keithhunt.com [Source type: Original source]

    ^ God knows I loved my niece, And she is dead, slandered to death by villains, That dare as well answer a man indeed As I dare take a serpent by the tongue.

External links

Wikipedia
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Look up defamation in Wiktionary, the free dictionary

1911 encyclopedia

Up to date as of January 14, 2010

From LoveToKnow 1911

.DEFAMATION (from the classical Lat.^ DEFAMATION (from the classical Lat.

.diffamare, to spread abroad an evil report - the English form in de is taken from the Late Lat.^ English form in de is taken from the Late Lat.

.defamare), the saying or writing something of another, calculated to injure his reputation or expose him to public hatred, contempt and ridicule.^ A communication is defamatory if it tends to expose a person to hatred, ridicule or contempt.
  • MAJOR CASES IN LIBEL LAW 10 February 2010 11:011 UTC www.csulb.edu [Source type: Original source]

^ Libel Libel is a malicious publication, expressed either in printing or in writing, tending to injure the reputation of another person or expose him or her to public hatred, contempt or ridicule, or to injure them in the maintenance of a business.
  • The Law of Libel | BlawgIT 10 February 2010 11:011 UTC blawgit.com [Source type: General]

^ To expose any person to hatred, contempt, or ridicule, or to deprive him of the benefit of public confidence or social intercourse; or .
  • Louisiana Criminal Defamation Law 19 January 2010 18:018 UTC www.babcockfirm.com [Source type: News]

.(See LIBEL AND SLANDER.^ See libel and slander.

^ For you see, the most wicked of all the slanders against us is that of the blood libel.

^ See also: defamation   libel per se   public figure   slander   .
  • law.com Law Dictionary 10 February 2010 11:011 UTC dictionary.law.com [Source type: FILTERED WITH BAYES]

)


Simple English

Defamation is saying or writing something about another person that hurts their reputation. Usually, when people use the word defamation, it means that the statement is not true. [1] In this case, it is against the law. A statement that is defamation is called defamatory.

In order to be defamatory, a statement has to claim to be a fact instead of an opinion. For example, saying, "Mr. Jones is mean" cannot be defamatory, because it is someone's opinion. However, if someone says, "Mr. Jones steals candy from children", then the statement is defamatory if it is not true, because it would be a fact, not an opinion.

If a defamatory statement is written, such as in a book or in a newspaper, it is called libel. If it is spoken out loud, it is called slander. Somebody who is the victim of defamation can sue the person who wrote or said it.

References

  1. Larson, Aaron (August 2003). "Defamation, Libel and Slander Law". ExpertLaw. http://www.expertlaw.com/library/personal_injury/defamation.html. Retrieved 21 March 2010. 


Citable sentences

Up to date as of December 04, 2010

Here are sentences from other pages on Defamation, which are similar to those in the above article.








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