Thursday, June 16, 2005
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Libel and defamation
Libel laws in the UK can be quite strict, so it's a good idea to know the dos and don'ts of libel and defamation. The BBC site offers a nice guide to avoiding libel and defamation. Under English law (unlike many other places) the burden of proof is mine. Therefore, when I write

"I asked my brother 'Have you stopped playing with yourself?' and he said 'no'!! HAHAHAHA he plays with himself."

I may be in a lot of trouble trouble (assuming the defamed individual pursues a libel case) as I may have some difficulty proving that the exchange actually happened. A common defense is to argue that the statement is true, but I think I would run into trouble providing evidence (either for the veracity of the quote, or for the accusation). Another defense is fair comment: the writer is stating an opinion. I could argue that my statement "he plays with himself" is an expression of my opinion rather than being presented as fact. But I'm pretty sure I won't get far with that claim either, as it has no indication of being an opinion. Why, oh why didn't I write "HAHAHAHA, I think that means he plays with himself" or something similarly qualified? I can't rely in privilege either as this statement did not come from my testimony in court (or Parliament) (and now it's too late to try to get into court or Parliament in order to have the above statement somehow read into the public record under privilege (I'm not really sure how the term "privilege" should be used here. Nay-sayers can start there perhaps). Maybe I could argue that the above statement is not damaging to the reputation of the individual in question. Hmmmmm, doesn't seem very likely either: it could potentially expose him (no pun intended) to ridicule, cause him to be shunned, discredited and "generally lowered in the eyes of right thinking members of society" (quote from BBC site linked above).

Fortunately in order for something to be considered libelous (or libellous) it needs to be published. And that could only happen if I pressed the "Post to Weblog" button.


Oops.

Maybe we can settle out of court?
Thursday, June 16, 2005 2:51:01 PM (GMT Standard Time, UTC+00:00)  #    Disclaimer  |  Comments [7]  | 
Thursday, June 16, 2005 7:45:46 PM (GMT Standard Time, UTC+00:00)
So, tell us..... DOES he play with himself??
Dave VV | otherDaveAT NOSPAMdavevision dot com
Friday, June 17, 2005 8:00:02 AM (GMT Standard Time, UTC+00:00)
My team of solicitors have advised me not to comment on the issue at the moment.
The Dunce
Saturday, June 18, 2005 1:02:13 AM (GMT Standard Time, UTC+00:00)
Why don't we settle this, we can settle this all, we can settle this all at the beach.

But the beans go first.
Not your brother
Saturday, June 18, 2005 2:58:55 AM (GMT Standard Time, UTC+00:00)
Fortunately, libel cases, both here in the States and in your country, I presume, cost money to pursue legally, and being the children of our father, we can all be assumed to be of a "frugal" nature. That is truth, but I feel it to also be my opinion, just to protect myself.
If legal action were to be pursued, as the server for your weblog is in the States, and your accuser is in the States, you may be under United States libel laws. (A reporter for the New York Times, no matter from whence she is writing, would still face the courts in New York, were she to write something grossly negligent or defamatory about an individual in New York.) Additionally, Indiana (the location of your server) is one of the few states that require private as well as public figures to prove "actual malice", though I am sure one could argue that your brother, as a community leader, is a public figure anyway.
An additional defense you do not seem to have considered is that it is not possible to libel the dead; therefore, if the object of the commentary happened to be no longer "with us" (as it were), you would be in the clear.
The Meddling Editor Sibling
Monday, June 20, 2005 2:10:30 AM (GMT Standard Time, UTC+00:00)
Does this "meddling editor" suggest murder as a way around libel laws? Sounds slightly extreme!!
Anonymous Brother of the Dunce
Monday, June 20, 2005 10:14:56 AM (GMT Standard Time, UTC+00:00)
Dear Meddling Editor Sibling,

Thank you for your kind suggestions. In fact although I live in the UK, I actually posted the statement from the USA (I flew there specifically in order to avoid libel charges related to that post). Anyway a representative of my legal team has told me that the possibly-offended party has announced a plan for a beachfront settlement (I suspect it will require the delivery of cold cola and warm beans). Therefore I will put my icicle back in the freezer and the anonymous brother can live another day.
The Dunce
Monday, June 20, 2005 6:50:49 PM (GMT Standard Time, UTC+00:00)
Dear anonymous brother, I am just trying to protect a bumbling dunce. i had forgotten about icicles, but I trust you to maintain your piano wire supply as protection. Dear dunce, whew. I am glad that's settled.
The Meddling Editor Sibling
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