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43 votes
Accepted

I am being threatened for defamation for sharing an article about an alleged scammer which was published in local news site

Repeating a defamatory statement is itself defamatory This is known as the repetition rule and is illustrated in Brown v Bower & Another [2017] EWHC 2637 (QB). In essence, the "local news ...
Dale M's user avatar
  • 211k
41 votes

Can someone explain the thinking behind the libel (?) case between Trump and Carroll for a non-US audience?

Falsely accusing someone of sexual assault or rape can be defamation. Trump even counter claimed against Carroll because of her statement that he "raped" her. However, that suit was ...
Jen's user avatar
  • 57.4k
39 votes

In fiction, is it legal to state a newspaper wrote an article when in fact it never did?

Yes, as long as it is clear that this is fiction. It is utterly common for fiction set in the current world to mention real institutions and people, and have them do and say things that they never ...
David Siegel's user avatar
34 votes
Accepted

Can legal action reasonably be taken against someone unsavory for endorsing your product/company?

My question is, does the company have any legal action they can reasonably take against the unsavory person? No. Free speech entitles someone to endorse anything they want. Defamation is an exception ...
ohwilleke's user avatar
  • 219k
29 votes

Can you defame a profession?

united-states https://www.dmlp.org/legal-guide/who-can-sue-defamation One of the elements of defamation is that the statement must be "of and concerning" the plaintiff. Accordingly, ...
Nate Eldredge's user avatar
28 votes

What makes politicians "fair game"?

united-states Reduced protection from defamatory statements for public officials and public figures is largely U.S. specific and is traceable to the strong protections afforded to the right to freedom ...
ohwilleke's user avatar
  • 219k
25 votes

Can someone explain the thinking behind the libel (?) case between Trump and Carroll for a non-US audience?

there is no conviction or anything else "supporting" that accusation The First Case How did the other court came to the conclusion "the jury had found he digitally penetrated her"...
ohwilleke's user avatar
  • 219k
24 votes

Someone has a video of me doing drugs. Is there legal protection against its release?

The tort for this kind of activity is called public disclosure of private facts, and almost every U.S. state recognizes that this tort is invalid under the First Amendment in the absence of a legal ...
ohwilleke's user avatar
  • 219k
23 votes

What is the smallest audience for a communication that has been deemed capable of defamation?

canada Damages for libel have been awarded based on publication to a single individual. The elements of defamation are (Grant v. Torstar Corp., 2009 SCC 61, para. 28): (1) that the impugned words ...
Jen's user avatar
  • 57.4k
22 votes

In a defamation case, can the defendant not prove statement to be true and still win the case?

There are a variety of reasons someone might not win a defamation case, some of which are defenses, and others of which are part of the basic prima facie case that every person pursing a claim must ...
ohwilleke's user avatar
  • 219k
21 votes

What can I do about an ex-landlord “trash talking” me on Facebook?

Actually, he has been libelling you which is defamation in writing - slander is verbal defamation. Notwithstanding, if what he has done has or is likely to cause damage to your reputation and is a ...
Dale M's user avatar
  • 211k
21 votes

Do Twitter disclaimers saying "opinions are my own" give any legal protection to the account owner?

The purpose of that disclaimer is not to prevent reprimands or legal action. It's really as simple as it appears -- it's to inform the readers that the tweets in fact contain the opinion of the person ...
David Schwartz's user avatar
21 votes

Defamation due to breach of confidentiality

Yes. Making statements in a legally protected confidential context is not publishing them, and in most jurisdictions, defamation must be published to create a cause of action. In such a case the ...
David Siegel's user avatar
21 votes

Is it legal to publish a cease and desist letter that I have received?

You have no statutory or contractual duty to restrict your responses to the attorney. The prospects that the letter contains material of sufficient originality that it is protected by copyright are ...
user6726's user avatar
  • 215k
21 votes
Accepted

Can a civil court impose criminal contempt charges?

Can a civil court impose criminal contempt charges? Yes. can a judge in a civil trial impose an order along with damages that would incur criminal contempt charges if Trump were to continue to make ...
ohwilleke's user avatar
  • 219k
19 votes
Accepted

Do Twitter disclaimers saying "opinions are my own" give any legal protection to the account owner?

That's the danger of doing legal research on the internet. That Forbes article quotes several different attorneys, and they all make the point of saying that those disclaimers are meaningless copy/...
BlueDogRanch's user avatar
  • 18.8k
19 votes

Is accusing someone of a crime slander if you believe the accusation to be true?

united-states Basil very likely cannot establish actual malice (that is, he cannot establish that the speaker knew the statement was false, or was reckless as to its truth or falsity). If a court ...
Kevin's user avatar
  • 4,659
18 votes

What makes politicians "fair game"?

united-states In the United States, public officials cannot recover damages in a defamation action unless the defendant made the statement with "actual malice"—"that is, with knowledge ...
Jen's user avatar
  • 57.4k
17 votes

Do changing social norms change the definition of "defamation?"

The definition of defamation, itself, doesn't change. What may change is whether certain kinds of false statements are "so bad" that it is not necessary to prove that the person was actually ...
user6726's user avatar
  • 215k
17 votes
Accepted

Is accusing someone of a crime slander if you believe the accusation to be true?

Yes new-south-wales First, the distinction between libel and slander has been abolished - it's all just defamation. Second, the elements of defamation are: A person has said something about you to (...
Dale M's user avatar
  • 211k
15 votes

Sue newspaper or the reporter for libel?

English Law answer: Both the newspaper that published and the individual who wrote the defamatory statement may be sued for defamation. You may choose to sue one or sue both as co-defendants. The ...
Shazamo Morebucks's user avatar
13 votes

Can anyone prevail against government law enforcement agencies for defamatory press releases?

Defamation is a false statement. If the police have arrested you or charged you with a crime, then a press release stating that you have been arrested or charged is a true statement, and not ...
Charles E. Grant's user avatar
13 votes
Accepted

Can Chelsea Manning be sued in civil court by anyone named in the documents that were leaked?

Assuming that the documents were either true, or Manning reasonably believed that they were true, there would be no cause of action for defamation. Many of the documents disclosed would have been ...
ohwilleke's user avatar
  • 219k
13 votes
Accepted

Are slander and defamation the same thing?

Slander is one of two main categories of defamation, the other of which is libel. Historically, slander applied to oral statements, while libel applied to statements in writing. The modern trend is to ...
ohwilleke's user avatar
  • 219k
13 votes

Can legal action reasonably be taken against someone unsavory for endorsing your product/company?

Not directly, but in the situation you describe, there are a number of secondary options: The restaurant can refuse service to anyone for any reason that is not discriminatory against a protected ...
Kevin's user avatar
  • 4,659
13 votes

Is accusing someone of a crime slander if you believe the accusation to be true?

united-states At first glance, there's defamation Stating an Opinion like "I don't like Basil" is not actionable. But stating a purported fact can become defamation. In general, belief that ...
Trish's user avatar
  • 39.9k
12 votes

I am being threatened for defamation for sharing an article about an alleged scammer which was published in local news site

If the article on the "local news site" was false, or cannot be proved true and if it harmed, or was likely to harm, the reputation of the alleged scammer, it was probably defamatory. ...
David Siegel's user avatar

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