Question About Libel

[Delicacy]

Regarding this article:
http://www.juneauempire.com/stories/...79160424.shtml

And a message posted by the 'manging ' editor.

Folks, something everyone needs to keep in mind while posting comments is that Gino Kuang was not convicted of distributing, and he did not admit to such. To say so, even in this comment thread, is libelous. Because of that, such accusations will be removed from the web site.

Charles Westmoreland
Juneau Empire Manging Editor

Is a person really libel for something they say on a message/comment board? Or does it/can it fall under Freedom of Speech?

Just curious.

[firespin]

You could be found guilty of libel for online comments, yes.

Whether you would be depends on the comment, the jurisdiction, the jury, etc.

http://www.dba-oracle.com/internet_c...rds_forums.htm

[Wrong Element]

Well, that's both false (it appears) and defamatory, which goes a long way towards making it libel. And if the message board is moderated, the paper can't claim it didn't know the message was there.

Libel isn't covered by the First Amendment; that's settled law.

[John Doe]

Originally Posted by Delicacy

Regarding this article:
http://www.juneauempire.com/stories/...79160424.shtml

And a message posted by the 'manging ' editor.

Folks, something everyone needs to keep in mind while posting comments is that Gino Kuang was not convicted of distributing, and he did not admit to such. To say so, even in this comment thread, is libelous. Because of that, such accusations will be removed from the web site.

Charles Westmoreland
Juneau Empire Manging Editor

Is a person really libel for something they say on a message/comment board? Or does it/can it fall under Freedom of Speech?

Just curious.

You mean liable? One can be liable for committing libel, but one can't be libel.

[Delicacy]

I was just wondering because this is the first time I've seen the editor make a comment like he did and there's been lots of accusations written about people in other articles.

The paper shut down the comment section for a few months because people were complaining about what was being said. So, maybe they're being extra careful now.

[Delicacy]

Originally Posted by John Doe

You mean liable? One can be liable for committing libel, but one can't be libel.

Yeah, that's probably what I meant. I think.

[John Doe]

Originally Posted by Delicacy

Yeah, that's probably what I meant. I think.

Well, I'm only commenting on that part because I don't know the answer to your actual question.

[Delicacy]

Originally Posted by John Doe

Well, I'm only commenting on that part because I don't know the answer to your actual question.

Can you be charged with defamation of character (isn't that the same a a libelous statement?) or on a message/comment board, by saying you purchased drugs from someone?

This is what brought up the editor's comment. Someone said that he/she purchased drugs from the guy the article is written about.

[John Doe]

Originally Posted by Delicacy

Can you be charged with defamation of character (isn't that the same a a libelous statement?) or on a message/comment board, by saying you purchased drugs from someone?

This is what brought up the editor's comment. Someone said that he/she purchased drugs from the guy the article is written about.

I'unno.

[TurdFergeson]

Sure, I can't post some guy in my town's name and say he is a space alien.

That would be bad.

[Spence99]

Libel is libel, regardless of where it is published.

[KRCummings]

Makes no difference where you say it.

[markt5]

Originally Posted by Delicacy

Regarding this article:
http://www.juneauempire.com/stories/...79160424.shtml

And a message posted by the 'manging ' editor.

Folks, something everyone needs to keep in mind while posting comments is that Gino Kuang was not convicted of distributing, and he did not admit to such. To say so, even in this comment thread, is libelous. Because of that, such accusations will be removed from the web site.

Charles Westmoreland
Juneau Empire Manging Editor

Is a person really libel for something they say on a message/comment board? Or does it/can it fall under Freedom of Speech?

Just curious.

Libelous statements are actionable under law. The only true and complete defense to a charge of libel is if in fact the accused person can prove that their statements are true. It does not matter whether the staement is intentionally libelous or if the person is merely acting wrecklessly in repeating something they heard or read somewhere else. In reality these cases are very difficult to bring and in most cases would not be cost effective to bring against the majority of us who post on these forums however the forum owners / operators may find themselves caught up in the matter if they do not 'police' the content to remove any libelous material that is brought to their attention or that they know is in fact a pure fiction... and therefore libelous.

For further clarification: libel is written and slander is oral... in case anyone wanted to know.

[Fala]

Originally Posted by markt5

Libelous statements are actionable under law. The only true and complete defense to a charge of libel is if in fact the accused person can prove that their statements are true. It does not matter whether the staement is intentionally libelous or if the person is merely acting wrecklessly in repeating something they heard or read somewhere else. In reality these cases are very difficult to bring and in most cases would not be cost effective to bring against the majority of us who post on these forums however the forum owners / operators may find themselves caught up in the matter if they do not 'police' the content to remove any libelous material that is brought to their attention or that they know is in fact a pure fiction... and therefore libelous.

For further clarification: libel is written and slander is oral... in case anyone wanted to know.

This is how I always understood it too. It is not libel if it is true. You would have to be able to prove the words were true though.

If you can't prove it hands down, just don't say it.

In the case of an editor though...how would they know if the words were true?

It's beyond me at this point.

[Karen Kraft]

Originally Posted by markt5

Libelous statements are actionable under law. The only true and complete defense to a charge of libel is if in fact the accused person can prove that their statements are true. It does not matter whether the staement is intentionally libelous or if the person is merely acting wrecklessly in repeating something they heard or read somewhere else. In reality these cases are very difficult to bring and in most cases would not be cost effective to bring against the majority of us who post on these forums however the forum owners / operators may find themselves caught up in the matter if they do not 'police' the content to remove any libelous material that is brought to their attention or that they know is in fact a pure fiction... and therefore libelous.

For further clarification: libel is written and slander is oral... in case anyone wanted to know.

Not necessarily.

See, for example, NEW YORK TIMES CO. v. SULLIVAN, 376 U.S. 254 (1964)

http://caselaw.lp.findlaw.com/script...=376&invol=254

[Fala]

Originally Posted by Karen Kraft

Not necessarily.

See, for example, NEW YORK TIMES CO. v. SULLIVAN, 376 U.S. 254 (1964)

http://caselaw.lp.findlaw.com/script...=376&invol=254

Hah! KK, if there was ever a "not necessarily"....you'd be sure to find it.

[Isid]

uhm... so someone has libeled another person on Lit? ... just askin... since this is the going thread... for now

[Karen Kraft]

Originally Posted by Isid

uhm... so someone has libeled another person on Lit? ... just askin... since this is the going thread... for now

It started here:
http://www.juneauempire.com/stories/...79160424.shtml

... and, as is the norm here, has moved from the specific to the general and then on to different specifics.....

[Isid]

ah well now... thanks for the link... how does one respnd to being libeled? rollover and take the blame for posting on a public forum? stand up and defend one's friend who has been libeled? or just move on to the next topic...

how do you respond?

[Luke's Angel]

Originally Posted by Isid

ah well now... thanks for the link... how does one respnd to being libeled? rollover and take the blame for posting on a public forum? stand up and defend one's friend who has been libeled? or just move on to the next topic...

how do you respond?

Send in Delta Force. Or something like that.

PS

Forgot to add the /sarcasm tag to that.

[Karen Kraft]

Originally Posted by Isid

ah well now... thanks for the link... how does one respnd to being libeled? rollover and take the blame for posting on a public forum? stand up and defend one's friend who has been libeled? or just move on to the next topic...

how do you respond?

Well, the question is, "How might one respond?"

The answer lies in what the goals are? Face saving? Vindication of some narrow and specific fact? Punish the other person? Recoup actual damages suffered as a result of the defamation?

America has a long tradition of robust debate, often filled with insults and abuse. A thin skin is not protected in American constitutional thought, as our political history is one replete with the most vile publications imaginable.

The best thing to do is to wait a reasonable period of time before doing anything, unless the injury in ongoing. Mud is much easier to remove once it has dried.

[RobDownSouth]

Originally Posted by Isid

ah well now... thanks for the link... how does one respnd to being libeled? rollover and take the blame for posting on a public forum? stand up and defend one's friend who has been libeled? or just move on to the next topic...

how do you respond?

Typically here on Lit, when someone is libeled, they just tell Karen Kraft and/or Miles to STFU.

Of course, there are The Kraft Rulez.

[chipbutty]

Libel is libel, and unless one stands to make or lose excessive amounts of money because of it cases are unlikely to make a court. A popular website or newspaper has to take this sort of thing seriously because they stand to lose LOADSA money if it goes out unchecked. It's mostly a matter for the rich and famous.

[Karen Kraft]

Originally Posted by RobDownSouth

Typically here on Lit, when someone is libeled, they just *****orekjw;elrkjf;wreklj wqfrkjqwl;krj qwporituqowhfgkjewhrfgpowg 784539uhywighetjht w hireg ruii[/url].

Do not use my picture in your posts.

I own the copyright to my image.

[Comshaw]

Originally Posted by markt5

Libelous statements are actionable under law. The only true and complete defense to a charge of libel is if in fact the accused person can prove that their statements are true. It does not matter whether the staement is intentionally libelous or if the person is merely acting wrecklessly in repeating something they heard or read somewhere else. In reality these cases are very difficult to bring and in most cases would not be cost effective to bring against the majority of us who post on these forums however the forum owners / operators may find themselves caught up in the matter if they do not 'police' the content to remove any libelous material that is brought to their attention or that they know is in fact a pure fiction... and therefore libelous.

For further clarification: libel is written and slander is oral... in case anyone wanted to know.

Actually you are wrong. The excerpts below, from the link Karen posted, are the test that is uslually applied to libel cases.


"(c) Factual error, content defamatory of official reputation, or both, are insufficient to warrant an award of damages for false statements unless "actual malice" - knowledge that statements are false or in reckless disregard of the truth - is alleged and proved. Pp. 279-283.

(e) The evidence was constitutionally insufficient to support the judgment for respondent, since it failed to support a finding that the statements were made with actual malice or that they related to respondent. Pp. 285-292."



Comshaw