dlm@cuuxb.ATT.COM (Dennis L. Mumaugh) (10/07/87)
This whole argument is getting a bit amusing. (Just a bit, not
much). People are talking about libel and slander and law suits
and ....
Please remember one major thing. Libel and slander MUST involve
damage to one's reputation and must be monetary in nature.
Law cases have shown that a "libel" isn't such if NO ONE
seriously would believe that the statement is to be taken
seriously. Not that the court will accept the "I was only
joking" defense very often but I seriously doubt that screaming
"!!!!!!" during a shouting match would get too much attention.
Also even if it is taken seriously, damage must be shown. Pain
and suffering, loss of business, damage to one's professional
reputation (to the degree it affects employability), etc and so
forth. To some degree this must include the degree of
publication and the nature of readers.
AFTER you explain to the judge and jury about the esoterics of
computer bulletin boards, mailing lists and stuff, then explain
what a flaming match is. After explaining some of the USENET
classics which did cause damage (were there any?) explain why
this particular situation is worthy of the court's attention.
Also, which court? By law the suit can be brought in the courts
of either the plaintiff's or defendant's legal residence or in
ANY place the libel appeared (Australia, Europe, Canada
perhaps?). By the way don't forget to have the full legal name
and address of all participants.
By now you should have had second thoughts about the whole thing.
MORAL: don't accuse some one of libel or slander unless something
more important than your ego is hurt. Don't talk about any flame
on USENET as libel unless you are serious. Otherwise it is a
waste of our time, communications bandwidth and money.
--
=Dennis L. Mumaugh
Lisle, IL ...!{ihnp4,cbosgd,lll-crg}!cuuxb!dlmvnend@engr.uky.edu (D. V. W. James) (10/11/87)
In article <1342@cuuxb.ATT.COM> dlm@cuuxb.UUCP (Dennis L. Mumaugh) writes: > >Please remember one major thing. Libel and slander MUST involve >damage to one's reputation and must be monetary in nature. > >=Dennis L. Mumaugh For a libel to occur, at least four, and sometimes five, conditions must be fulfilled. These are: 1) the statement must be defamatory. That is, it must tend to hurt someone's reputation; 2) it must identify its intended victim; 3) it must be communicated, that is, it must be broadcast in such a way that at least one other person other than the victom or perpetrator hears or sees it; 4) in cases involving the mass media there is also required a proof of fault. That means a the publisher must have been either guilty of actual malice or have been negligent in publishing it; 5) in cases where actual malice cannot be proven, the U.S. Supreme Court has said that the victom of the libel must also prove damages. (Overbeck and Pullen, 1985) Overbeck, Wayne and Pullen, Rick D. (1985). Major Principles of _____ __________ __ Media Law (Second Edition) New York, NY: Holt, Rinehart and _____ ___ ______ _______ Winston Copyright (c) 1987 by David W. James The above is from a paper I wrote this summer on the subject of Libel and USENET. Note that damages need not be proven in all cases. -- Later y'all, Vnend Ignorance is the Mother of Adventure. cbosgd!ukma!ukecc!vnend; vnend@engr.uky.edu; vnend%ukecc.uucp@ukma.BITNET Also: cn0001dj@ukcc.BITNET, Compuserve 73277,1513 and VNEND on GEnie "...the net exists on good faith and a lot of hand waving." Chuq