From Wikipedia, the free encyclopedia
This article is about the malicious statement. For the 2009 film, see
Defamation (film).
"Calumny" redirects here. For the Catholic sin, see
detraction.
.^ 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]
.^ 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]
.^ 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 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 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.
.^ 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]
.^ 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.- 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 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 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]
.^ 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.
.^ 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.).
.^ 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]
.^ "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.
.^ 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]
.^ 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.
^ 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".
.^ 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.- 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.- 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.
.^ 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
.^ 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 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] .^ 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.- 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.- 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.
.^ 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.- 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, 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]
.^ 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
.^ 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
.^ 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]
.^ 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]
.^ 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]
.^ 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 .- 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.- 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.- 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 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.- 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.
.^ 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]
.^ 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]
.^ 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]
.^ 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]
.^ 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, 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.- 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 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. .^ 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.
.^ 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.
^ 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:
.^ 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.- 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 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]
.^ 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]
.
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]
.^ (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.- 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]
.^ 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]
.^ 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 .- 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.
^ 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.
^ 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.
.^ 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]
.^ 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.
^ 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. ., 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.
^ Sullivan , dramatically changing the nature of libel law in the United States.
^ United States law .
.^ 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.
.^ 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.- 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
.^ 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 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.- 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.- 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 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]
.^ 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] .^ 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
.^ 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]
.^ 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]
.^ 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]
.^ 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
.^ 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]
.^ "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]
.^ 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?
.^ 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]
.^ 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]
^ Castellss 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].^ 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, 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.
.^ 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.
^ 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 $1 million each.
.^ 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]
.^ 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
.^ 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 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]
.^ 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]
.^ 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 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.
.^ 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
.^ 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.
.^ 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]
.^ 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]
.^ 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 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
.^ 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]
.^ 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]
.^ 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.
.^ 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]
.^ 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]
.^ 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
.^ 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]
.^ 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
.^ 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]
.^ 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
.^ 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]
.^ 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]
.^ 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]
.^ 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
.^ 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] .^ 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]
.^ 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]
.^ 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].^ 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]
.^ 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]
.^ 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.
.^ 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]
.^ 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]
.^ 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.
.^ 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].^ 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
.^ 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]
.^ 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]
.^ 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]
.^ 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
.^ 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]
.^ 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] .^ 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
.^ 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.
.^ 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]
.^ 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]
.^ 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
.^ 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]
.^ 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.
.^ 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.
.^ 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
.^ 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.
.^ 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]
.^ 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]
.^ 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
.^ 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).
.^ 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]
.^ 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.
[62] .^ 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
.^ 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]
.^ 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]
.^ 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]
.^ 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]
. 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]
.^ 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]
.^ 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]
.^ OFFER TO MAKE AMENDS This barrier to a court action for libel is afforded by Sections 2-4 of the 1996 Defamation Act.
.^ 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]
.^ 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]
. 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]
. 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]
.^ 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] .^ 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
.^ 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.
^ 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
.^ 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]
.^ 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]
.^ 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 .
.^ 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]
.^ 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]
.^ 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]
.^ 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.
.^ 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]
.^ 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
.^ 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]
.^ 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]
.^ 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
.^ 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]
.^ 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]
.^ 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]
.^ 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]
.^ 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]
.^ 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]
.^ 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”.
.^ 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”.
.^ 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]
.^ 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
.^ 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]
.^ 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] .^ 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 Austrias 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]
.^ 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. . (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.
.^ 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]
.^ 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.
.^ 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]
.^ 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]
.^ 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]
.^ 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 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
.^ 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]
.^ 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]
.^ 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 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]
.^ 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]
.^ 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 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
.^ 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]
.^ 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]
.^ 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]
)
.^ 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]
.^ 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. ., 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]
.^ 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]
.^ 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.
.^ 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]
.^ 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]
.^ 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]
.^ 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]
.^ 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
.^ 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
.^ 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
.^ 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]
.^ 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]
.^ 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
.^ 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]
.^ 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 Keiths 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.
.^ 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
.^ 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]
.^ 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]
.^ 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]
.^ 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 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]
.^ 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]
.^ 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] .^ 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]
.^ 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]
.^ 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.
.^ 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 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
.^ 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]
.^ 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]
.^ 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".
.^ 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]
.^ 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
- ^ 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.
- ^ Center for Visual Computing Invasion of Privacy
- ^ a b False light by Professor Edward C. Martin - Cumberland School of Law, Samford University
- ^ The Law Reform Commission of Ireland - Consultation Paper on the Civil Law of Defamation (see item 360 in bold)
- ^ 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.
- ^ "Online Etymology Dictionary". http://www.etymonline.com/index.php?search=libel&searchmode=none. Retrieved 2006-12-31. )
- ^ 50 Am.Jur.2d libel and slander 1-546
- ^ "out-law.com". August 8, 2008. http://www.out-law.com/page-9330.
- ^ Map showing countries with criminal defamation laws
- ^ ARTICLE 19 statements on criminalized defamation
- ^ OSCE Report - Libel and Insult Laws: a matrix on where we stand and what we would like to achieve
- ^ 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.
- ^ 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."
- ^ See, for example, Section 18-13-105, Colorado Revised Statutes
- ^ "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.
- ^ "Legal Terms". legal.org. http://www.canona650.com. Retrieved 2004-10-22.
- ^ Milkovich v. Lorain Journal Co., 497 U.S. 1 (1990)
- ^ New York Times Co. v. Sullivan, 376 U.S. 254 (1964).
- ^ Article 10 of the European Convention on Human Rights
- ^ BBC News, reporting the comments of Professor Michael Geist, July 31, 2006
- ^ 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
- ^ PACE Resolution 1577 (2007): Towards decriminalisation of defamation
- ^ European Council – Laws on Defamation (English version) – Section Azerbaijan
- ^ Criminal Code of the Azerbaijan Republic English)
- ^ OSCE report – Libel and Insult Laws (see page 19)
- ^ 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]
- ^ Document - Singapore: Defamation suits threaten Chee Soon Juan and erode freedom of expression Amnesty International
- ^ Libel On The Internet: An International Problem
- ^ The recent spat by the DBS bank is proof that the libel law in Singapore needs to be reformed
- ^ news.bbc.co.uk, Editor 'defamed' Singapore leader
- ^ 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)
- ^ [1]
- ^ Criminal Code of the Republic of Albania – English version
- ^ European Council – Aperçu des legislations nationales en matière de diffamation et d'injure – English version – Section Albania
- ^ European Council – Laws on Defamation (English version) – Section Austria
- ^ (French) Belgian Penal Code – Crimes against honour (see Articles 443 to 453-bis)
- ^ European Council – Laws on Defamation – Section Belgium (French)
- ^ European Council – Laws on Defamation (English version) – Section Bulgary
- ^ European Council – Laws on Defamation (English) – Section Croatia
- ^ Czech Criminal Code – Law No. 40/2009 Coll., Article 184
- ^ European Council – Laws on Defamation (English) – Section Denmark
- ^ OSCE report on defamation laws (English) (see page 51, item 6)
- ^ The Penal Code of Finland (English version)
- ^ European Council – Laws on Defamation (English) – Section Finland
- ^ Bundeskriminalamt (Federal Police) Yearly Statistics 2006
- ^ OSCE Report on Defamation laws in Europe and North America (see page 68, items 6 and 7)
- ^ European Council – Laws on Defamation (English) – Section Greece
- ^ (Italian) Italian Penal Code (see Articles 594-595)
- ^ OSCE Report on Insult Laws in Europe and North America (see page 79, item 8)
- ^ (Italian) Italian Penal Code (see Article 31)
- ^ European Council – Defamation Laws (English) – Section Norway
- ^ Norwegian Penal Code (English version)
- ^ European Council – Defamation Laws (English) – Section Poland
- ^ OSCE Report on Defamation Laws in Europe and North America (see page 117, item 6)
- ^ (Portuguese) Portuguese Penal Code (articles 180 to 189)
- ^ (Portuguese) Portuguese Penal Code (official version)PDF (641 KB) (full text)
- ^ (Spanish) Penal Code of Spain (Articles 205 thru 216)
- ^ European Council – Laws on Defamation (English) – Section Spain
- ^ Swedish Penal Code (English version) (see Chapter 5)
- ^ European Council – Laws on Defamation (English) – Section Sweden
- ^ (French) Swiss Penal Code – Calumny (Article 174)
- ^ (French) Swiss Penal Code – Defamation (Article 173)
- ^ (French) Swiss Penal Code – Defamation and calumny against a deceased or absent person (Article 175)
- ^ Coroners and Justice Act 2009
- ^ (Spanish) Argentinian Penal Code (official text) – Crimes Against Honor (Articles 109 thru 117-bis)
- ^ (Portuguese) Brazilian Penal Code (official text)
- ^ (Spanish) Chilean Penal Code, Book II (see Articles 412 to 431)
- ^ (Spanish) IEstudiosPenales.com.ar – Penal Code of ChilePDF (578 KB) (see pages 75-78)
- ^ (Spanish) Chilean Penal Code, Book I (see Articles 25 and 30)
- ^ (Spanish) Biblioteca.jus.gov.ar – Penal Code of Chile (see articles 416-417 and 424-425)
- ^ Murphy v. LaMarsh (1970), 73 W.W.R. 114
- ^ Supreme Court of Canada - Decisions - Grant v. Torstar Corp
- ^ Société Radio-Canada c. Radio Sept-Îles inc., [1994] R.J.Q. 1811 canlii.org
- ^ (English) Canadian Criminal Code – Blasphemous Libel and Defamatory Libel (see Articles 296 to 317)
- ^ Moles, Robert N, PhD. "Canada reports: Libel case may set precedent". Networked Knowledge. http://netk.net.au/Canada/Canada15.asp. Retrieved 2009-01-03.
- ^ OSCE Report on Defamation Laws (English) (see page 40)
- ^ Dancing With Lawyers
- ^ New York Times, "Firm Awarded $222.7 Million In a Libel Suit Vs. Dow Jones"
- ^ Awards $35.5 Million To Russian In Libel Case, The Washington Post, December 16th, 1999
- ^ U.S. Court Finds Kommersant Guilty of Libel
- ^ 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)
- ^ House of Lords - Berezovsky v. Michaels and Others Glouchkov v. Michaels and Others (Consolidated Appeals)
- ^ Letter From the Editor - Barron's Online
- ^ Australian Press Council - Press Law in Australia
- ^ Electronic Frontiers Australia: civil liberties online
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