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Forum discussions and defamation law ?

Forum discussions should not be subject to defamation law ?
4
31%
Forum discussions should be subject to defamation law ?
9
69%
 
Total votes : 13

Postby Piratis » Tue Nov 02, 2010 12:00 am

Ok, so this is a good example for our discussion here:

Is it my honestly held belief that you are a psychologically troubled and rather poisonous dimwit ? Yes.


Could Oracle sue you for defamation based on the above comment? If she did, would she win the case? Are the owners of the forum responsible for what you wrote and therefore they should delete your post and ban you?
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Postby Get Real! » Tue Nov 02, 2010 12:01 am

Piratis wrote:Ok, so this is a good example for our discussion here:

Is it my honestly held belief that you are a psychologically troubled and rather poisonous dimwit ? Yes.


Could Oracle sue you for defamation based on the above comment? If she did, would she win the case? Are the owners of the forum responsible for what you wrote and therefore they should delete your post and ban you?

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Postby Oracle » Tue Nov 02, 2010 12:05 am

Get Real! wrote:
Piratis wrote:Ok, so this is a good example for our discussion here:

Is it my honestly held belief that you are a psychologically troubled and rather poisonous dimwit ? Yes.


Could Oracle sue you for defamation based on the above comment? If she did, would she win the case? Are the owners of the forum responsible for what you wrote and therefore they should delete your post and ban you?

Image


Help! I need expert legal advice here! :shock:
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Postby ZoC » Tue Nov 02, 2010 12:08 am

Piratis wrote:Ok, so this is a good example for our discussion here:

Is it my honestly held belief that you are a psychologically troubled and rather poisonous dimwit ? Yes.


Could Oracle sue you for defamation based on the above comment? If she did, would she win the case? Are the owners of the forum responsible for what you wrote and therefore they should delete your post and ban you?


she'd have to prove it wasn't true... a psychiatrist's certificate would be needed, an iq test and a bunch of people vouching for her unpoisonous character... and she'd need to quantify the ensuing reputational damages caused by the untruth in monetary terms and claim against those....
Last edited by ZoC on Tue Nov 02, 2010 12:12 am, edited 1 time in total.
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Postby Get Real! » Tue Nov 02, 2010 12:09 am

Oracle wrote:
Get Real! wrote:
Piratis wrote:Ok, so this is a good example for our discussion here:

Is it my honestly held belief that you are a psychologically troubled and rather poisonous dimwit ? Yes.


Could Oracle sue you for defamation based on the above comment? If she did, would she win the case? Are the owners of the forum responsible for what you wrote and therefore they should delete your post and ban you?

Image


Help! I need expert legal advice here! :shock:

It’s funny that some people complain about the bad language and “abuse” but never seem to notice themselves doing it!
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Postby Oracle » Tue Nov 02, 2010 12:10 am

CopperLine wrote:
How exactly is this related with the forum and in particular with the Cyprus Problem section?


There's another current thread asking about whether new blood is needed in CF. That thread and the continued hate-filled spite that often dominates the Cy Prob pages reminded me of the connections between the quality of debate in a forum and its tolerance of differences. If you add to this the question of the changing liabilities for defamation depending on the medium of expression then CF - like other fora - may have a problem or might have already stacked up problems.

It is not just authors of written defamations that are liable for libel, but publishers in English law are usually co-respondents in libel actions. So, often, are distributors eg WHSmiths. In an internet age defamation law has adapted, albeit with a time lag, to web-based media. Whoever owns CF is the publisher. Whoever is behind an avatar is the author. The ISP may perhaps be regarded as the distributor. Whilst it seems highly improbable that a person behind an avatar could take action against another avatar, it is quite plausible for a real person who has been defamed by an avatar (and hence a real person behind that) to take an action. For example, suppose Alexander Downer alleged that Yialousa had libeled him then, in principle, the court could oblige CF to reveal the real identity of Yialousa.

The point of posting the article at the beginning of this thread was simply to indicate that (i) the door has already been opened to finding that discussion threads can be a medium of defamation and that (ii) it crosses jurisdictions eg USA to UK. Other libel cases have opened the door to obliging internet poster to reveal their real identity; and so, little by little the door opens fully to litigation for comments on discussion fora.

It is simply no defence to say,
"It is clear from the rules that this is an opinion and debating forum.

"Cyprus-Forum.com is an independent discussion forum that allows people to freely and anonymously express their opinion and debate issues on a wide variety of subjects."
These may be the forum rules but they are not defamation law, and if one defames then it is actionable.

If one had to reveal one's real identity would you write in the same way about other CF contributors who had also revealed their real identity ? Or is the thin veil of avatar anonymity the reason for one's 'fearless' defamation of others.


What a load of hysterical, paranoid tripe! IMHO :D
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Postby ZoC » Tue Nov 02, 2010 12:12 am

Oracle wrote:
Get Real! wrote:
Piratis wrote:Ok, so this is a good example for our discussion here:

Is it my honestly held belief that you are a psychologically troubled and rather poisonous dimwit ? Yes.


Could Oracle sue you for defamation based on the above comment? If she did, would she win the case? Are the owners of the forum responsible for what you wrote and therefore they should delete your post and ban you?

Image


Help! I need expert legal advice here! :shock:


it'll be expensive i'm afraid but if you build up enough of a case the hope is copperline will settle out of court...
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Postby Oracle » Tue Nov 02, 2010 12:15 am

ZoC wrote:
Oracle wrote:
Get Real! wrote:
Piratis wrote:Ok, so this is a good example for our discussion here:

Is it my honestly held belief that you are a psychologically troubled and rather poisonous dimwit ? Yes.


Could Oracle sue you for defamation based on the above comment? If she did, would she win the case? Are the owners of the forum responsible for what you wrote and therefore they should delete your post and ban you?

Image


Help! I need expert legal advice here! :shock:


it'll be expensive i'm afraid but if you build up enough of a case the hope is copperline will settle out of court...


I think the IPC he runs is out of money! :?
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Postby bill cobbett » Tue Nov 02, 2010 2:07 am

MrH wrote:bill cobbett,

It's not the individuals whom are to blame but the Site Administrators - This is how it works in the Western World of I.T Policy and Compliance!


My Dear MrH ,

It must cost our Beloved Admin a small fortune to subsidise our postings, and really we should respect that, and also acknowledge that he/she/it/they know(s) the laws on these matters.....

... and in any event don't think have really seen anything on CF that would stand a test of defamation in a Court anywhere in the World outside the Illegally Held Areas...

...... oh and whilst am on the subject, hold the opinion that Rough Donktosh is def a Plonker ......

...... oh and another thing, am thinking of dragging Kurepetosser and Yialoser before the Courts for calling me a Charlie...... blooming cheek.
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Postby Kikapu » Tue Nov 02, 2010 6:34 am

runaway wrote:Turkiye senin amina koymus rum pici. Hem de daha 8 yasindayken.zuhahahahaha


Should "runaway" worry for Turkey suing him for deformation when he stated above that "Turkey is a child molesting rapist."???
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