Legal advice

[acidjazz]

Basically, this article is for everone's benefits. Those who have committed slander or defamation within the internet or forum will be liable for his/her own actions.

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. Laws often define defamation in specific ways. Libel is a written defamation; slander is a spoken defamation.

What is "Libel Per Se"?

When libel is clear on its face, without the need for any explanatory matter, it is called libel per se. The following are often found to be libelous per se:

A statement that falsely:

1)Charges any person with crime, or with having been indicted, convicted, or punished for crime;

2)Imputes in him the present existence of an infectious, contagious, or loathsome disease;

3)Tends directly to injure him in respect to his office, profession, trade or business, either by imputing to him general disqualification in those respects that the office or other occupation peculiarly requires, or by imputing something with reference to his office, profession, trade, or business that has a natural tendency to lessen its profits;

4)Imputes to him impotence or a want of chastity.

What is trade libel?

Trade libel is defamation against the goods or services of a company or business. For example, saying that another company's german products are made in China.

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The point is, do not make false allegations or comments or remarks which will directly or indirectly jeopardize another person's reputation. Even when internet seems to be the only true democracy, whatever u type or have written will be liable against you.

[acidjazz]

Just to include. . . .

The basic idea of defamation law is simple. It is an attempt to balance the private right to protect one's reputation with the public right to freedom of speech. Defamation law allows people to sue those who say or publish false and malicious comments.

There are two types of defamation.

* ###### defamation -- called slander -- for example comments or stories told at a meeting or party.

* Published defamation -- called libel -- for example a newspaper article or television broadcast. Pictures as well as words can be libellous.

Anything that injures a person's reputation can be defamatory. If a comment brings a person into contempt, disrepute or ridicule, it is likely to be defamatory.

* You tell your friends that the boss is unfair. That's slander of the boss.

* You write a letter to the newspaper saying a politician is corrupt. That's libel of the politician, even if it's not published.

* You say on television that a building was badly designed. That's libel due to the imputation that the architect is professionally incompetent, even if you didn't mention any names.

* You sell a book that contains defamatory material. That's spreading of a defamation.

[acidjazz]

Consequences

* You can be threatened with a defamation suit. You might receive a letter saying that unless you retract a statement, you will be sued. There are numerous threats of defamation. Often a threat is enough to deter someone from speaking out, or enough to make them publish a retraction.

* Proceedings for defamation may be commenced against you. This is the first step in beginning a defamation action. Statements of claim, writs or summons shouldn't be ignored. If you receive one, you should seek legal advice.

* The defamation case can go to court, with a hearing before a judge or jury. Settlements sometimes include a published apology, sometimes no apology, sometimes a payment, sometimes no payment.

Thank you.

[acidjazz]

This will serve as a guideline for those who have no idea about defamation and believes that anything he/she type on the internet/forum will not be liable against him/her.

In order to prove defamation, you have to be able to prove that what was said or written about you was false. If the information is true, or if you consented to publication of the material, you will not have a case. However, you may bring an defamatory action if the comments are so reprehensible and false that they effect your reputation in the community or cast aspersions on you.

[acidjazz]

i have many articles regarding defamation laws and defamation on the internet from my lawyer.

Anyone interested can pm me for the articles.

[acidjazz]

Defamation is a legal action sounding in tort based on an intentional or reckless public false statement that injures another person's reputation.