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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
  • 4,769
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
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12 votes

Is publishing defamatory statements from an "anonymous source" protected?

canada Reporting that is based on an anonymous or confidential source has no special protections. The statement may still be defamatory, and the publisher of the reporting would have the standard ...
Jen's user avatar
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10 votes

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

1 australia To be defamatory, the material has to be published (communicated by any means, including written, orally, pictorially) to at least one person other than the person making the claim. Arts ...
Dale M's user avatar
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9 votes
Accepted

Has any acquitted defendant ever lost a defamation case, accused of committing the crime?

This will depend on what Trevor is actually saying to people when telling them that Craig committed the crime. Scenario A. If Trevor is saying that "Craig was convicted," or "Craig is ...
Jen's user avatar
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7 votes

What makes politicians "fair game"?

They aren’t united-states excepted. Ignoring those parts of the world where criticising a politician gets you a bullet in the temple and the USA where the 1st amendment requires actual malice, ...
Dale M's user avatar
  • 213k
7 votes

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

As a more direct case, maybe the prominent Neo-Nazi bigot is constantly seen frequenting Arby's, leading to people protesting/boycotting Arby's. england-and-wales In this particular scenario, the ...
JBentley's user avatar
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6 votes

Does "defamatory" mean untrue?

Defamatory means harmful to someone's reputation. Defamatory per se, in this context, means that statements of the kind he made are presumed to be harmful to someone's reputation even without evidence ...
ohwilleke's user avatar
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6 votes

Is publishing defamatory statements from an "anonymous source" protected?

It depends -- primarily on whether the Post believed its own story. Both the anonymous source and the Post are potential targets for the lawsuit. Adding "according to such and such" to a ...
bdb484's user avatar
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6 votes

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

that it isn't libel to accuse someone for rape but it is libel to respond in an "aggressive" way to being accused for rape!?!? Because the responding in an "aggressive" way is a ...
Harper - Reinstate Monica's user avatar
6 votes

Can legal action be reasonably taken against someone spoiling your work?

Commentary and Critique are Quintessential Fair Use If your commentary and critique of describing a book you read or a movie you watched makes that book or movie undesirable to the broad public, that ...
Trish's user avatar
  • 40.4k
4 votes

What makes politicians "fair game"?

finland From Criminal Law chapter 24, clause 9, concerning defamation: Edellä 1 momentin 2 kohdassa tarkoitettuna kunnianloukkauksena ei pidetä arvostelua, joka kohdistuu toisen menettelyyn ...
jpa's user avatar
  • 350
4 votes

What counts as a ‘third party’ in the context of libel?

B is correct. A has published the statement to the chat room provider. B will still likely lose the case. Although the defamatory statements were published to the service provider, the service ...
bdb484's user avatar
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3 votes
Accepted

Legal Term for Legal Issues in Media Other Than IP

"Media law" is a commonly used term for this, covering issues around intellectual property, free expression, defamation, privacy, data protection, advertising and promotion, regulatory ...
alexg's user avatar
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3 votes

Is it illegal to say somebody is crazy when it is obviously false in the US?

united-states Simply insulting someone without saying something false is not defamation in the U.S. (historically it was the subject of criminal defamation liability to might light of someone's ...
ohwilleke's user avatar
  • 221k
3 votes

What counts as a ‘third party’ in the context of libel?

england-and-wales The question's scenario says each person A and B makes claims about who can or can't see the statement. The scenario does not explicitly state who is right. This is why Jen commented ...
Lag's user avatar
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3 votes

Does a defamatory statement have to be public?

Yes I can write in my diary as much smack about you as I want. I can call you up and read my diary to you. I can attach it to an email and send it to you. It isn’t defamation until I give it to ...
Dale M's user avatar
  • 213k
2 votes

When does s3(1) of the Defamation Act *not* apply in malicious falesehood cases?

The section exempts the plaintiff from having to prove or even plead special damages when they instead plead and prove that the words were intended to cause pecuniary (even if not yet realized) ...
Jen's user avatar
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2 votes
Accepted

Is there precedent for defamation/moral injury due to public ignorance in the UK?

england-and-wales (and probably everywhere else) You can't sue the general public. You don't have an entity to sue. If the statement doesn't refer to you, you don't have standing to bring a ...
Lag's user avatar
  • 17.3k
2 votes

Is a defamatory statement that could be reasonably understood as referring to someone that it does not actually refer to illegal?

canada The finder of fact does not have any special ability to take account of or to discover to whom a statement actually refers in a metaphysical sense. The law To be successful in defamation, the ...
Jen's user avatar
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2 votes

How do US judges determines defamation damages?

Damages in defamation claims -- and virtually any other tort claim -- can generally be broken down into three primary categories. The first category is economic damages, which includes lost wages, ...
bdb484's user avatar
  • 60.7k

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