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Show ALL Forums  > UK forums  > Sky News - Blogger to be sued for defamation      Home login  
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 ibakecakes
Joined: 11/27/2008
Msg: 16
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Sky News - Blogger to be sued for defamationPage 1 of 2    (1, 2)
It does seem a tad OTT to sue in this matter..................however, I did sue someone for libel and defamation of character some years ago myself so I'm probably not one to speak too loudly!! In my defense, the letter written complaining about me instigated an internal investigation, the details of which, despite being proven in my favour, stayed on my record for the rest of my career............
 Loose_end
Joined: 9/12/2006
Msg: 20
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Sky News - Blogger to be sued for defamation
Posted: 8/21/2009 7:49:50 AM
Surely before she is allowed to get the identity of a blogger and sue him, she would first have to prove that she actually ISN'T a skank


If she does go on from her pre-action discovery and actually sue for defamation, she would have to prove she isnt a skank, This is High Court stuff, with a Jury, if you had a decent lawyer and Jury you wouldnt have too much problem gaining Jury sympathy that your character has been damaged. It is then up to the defendant to prove that she really is a skank, how the hell would someone prove that? Someone who's personal life you only read about via the media?

If you're going to write something potentially libellous. make sure you can back this up with relevant facts..

If you own your own home, the plaintiff's lawyers will go after that first, by way of insurance against the inevitable damages.

Well, either that or make sure whoever you write it about cant afford to take you to court for around 10k 'per day'

Libel claims remain the domain of the rich, i cant quite stretch to 10 grand a day, so feel free to say what you like about me
 Loose_end
Joined: 9/12/2006
Msg: 22
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Sky News - Blogger to be sued for defamation
Posted: 8/21/2009 8:01:47 AM

Its too easy for people to hide behind their screens and spout their bile and poison and no, its not trivial and they should not be allowed to get away with it.


Sad isnt it? Some people just get off on being vile....

In the words of Rodney King

Why can’t we all just get along?
 Cargy.
Joined: 12/26/2008
Msg: 26
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Sky News - Blogger to be sued for defamation
Posted: 8/21/2009 8:22:42 AM
More fool the blogger for assuming a right to anonimity that has now been demonstrated as nothing of the sort!

It's one thing to express an opinion, but it's quite another thing to publish that opinion as if it were a statement of material fact.

Even if the comments were true (and the onus will be on the blogger to prove it, not for the model to disprove it), if she can demonstrate actual financial losses, such as lost bookings or general reduction of work suffered after the blog, then she has a right to seek compensation.
 ibakecakes
Joined: 11/27/2008
Msg: 29
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Sky News - Blogger to be sued for defamation
Posted: 8/21/2009 11:21:48 AM
There was a case back in July where a guy sued after someone created a false profile on a 'social networking site' (yeah, you know the one).....................the case there brought up the problems with the internet being the perfect place to create fake profiles etc in order to cause mischief, but that now, measures are in place to combat such actions.

http://news.bbc.co.uk/1/hi/uk/7523128.stm
 Glutey
Joined: 12/8/2007
Msg: 34
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Sky News - Blogger to be sued for defamation
Posted: 8/26/2009 11:37:48 AM
There's quite a lot of this going on with far more serious implications for those involved.

Our own high court ruled in favour of outing a blogging policeman last month on the grounds that in entering the public domain one steps outside the protection of personal privacy.

In the Liskula Cohen case, Aaron Morris a defamation lawyer, makes the point that the comments went far beyond personal criticism to falsely accuse her of acts which are considered unlawful. This is calumny aimed at causing harm to the recipient by bearing false witness.

For those unable to afford expensive legal representation, the consequences can be far more harmful:-

http://www.ecademy.com/node.php?id=133796
 Warrencraig
Joined: 8/30/2008
Msg: 37
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Sky News - Blogger to be sued for defamation
Posted: 8/26/2009 6:23:10 PM
surely for this to go far in court, someone will have to provide a definitive definition of what a "skank" is and is not. And also someone will have to decide if a blog is a statement of fact or a statement of personal opinion.

Has this woman stated as a fact that the model is a skank?? or has she just said she thinks she is a skank?? the two are quite different. The exact wording used, the context, style of language etc are all important here and also all subject to individual opinion.

All very hard to proove.

Or is it now illegal to have a negative opinion on someone and make your opinions public??? ie free speech and all that.
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