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]  |