NewsWeb Articles of Interest

I am sure many of you have at one time or another been on the receiving end of a nasty email.

Sometimes, the contents are a matter of One person letting of steam to another, and the law of logic tries to allow for common sense to then prevail.

Other times it is that you become party to a mass 'Mail-out' that involves another, which then drags you into the abusive' unkind, and unwanted interaction.

Then there is the more direct involvement, YOU are the person to whom the mass Mail out refers to.....or at some point you are accused of the cause for such a event now ball-rolling.

Either way the 'sting' of what is before you can be traumatic, and depending on who is getting what, and who has said what, the damage to reputation and face falls into a infinity of reputational destruction.

We all hate another being flamed, or for that matter being flamed ourselves, and when a situation gets out of hand for whatever the reason - few have a realization of the course they can actually confidently take.

The next time any of YOU receive such, taking the appropriate action may teach the culprit a harsh and well deserved lesson.

So.....for those that have at any time come close to this pain; or have been party to incidents causing such pain on another individual, I suggest that a little update on the CyberLibel Law is appropriate.

Cyber-Libel.....is a Defamation of character.

The Internet is now considered by the Civil Code a means that represents communication, as well as a forum for publication. This is based on the factor, that in every letter written; the contents can be printed, and therefore becomes a 'published printed matter'.

Furthermore, the Internet offers the scope for public viewing, as in the case of notice boards and Forums...which then often places the 'Web-Master' also in the position of being party to any Libel suit.

Theoretically, every time a third party accesses a defamatory posting on the Internet, publication has occurred. Damages could therefore be very large, as a publication on the Internet potentially reaches millions of people.

However - in practice, it is unlikely that millions of people will actually view each particular publication. In any event, publication on the Internet will generally be larger than in all but the largest print or broadcast media outlets.

Libel is written defamation, whereas slander is oral defamation. The primary difference is that in libel, damages are presumed! In an action for libel one does NOT have to prove damages. They are automatically presumed.

Whereas in slander, aside from four situations, one HAS TO prove actual loss. In slander the law does not presume that the 'Oral' publication caused the plaintiff any damage.

The plaintiff has to prove special damage i.e.: actual or quantifiable damages, made against them; that is unless the slander falls into a certain category, called 'slander per se'.

The receiver of such a written statement i.e. YOU is known as the Plaintiff, you are the one who is being 'Flamed', by whatever means....and that statement is being viewed by whoever has been privilege, or more so, whoever has access.

The person who has created the written statement is the Defendant ...and will be Libel for any Damages that has been caused.

• The plaintiff must prove publication of the defamatory statement. Publication means the making known of the defamatory statement, after it has been written or spoken, to some person other than the person of whom it is written or spoken.

Not too hard when the email or notice has a clear line of 'copied' in recipients...that is the written statement is sent to YOU, but at the same time sent also to many others (often unwilling participants).

• The plaintiff must prove that the defamation refers to the plaintiff.

Again as long as the written statement clearly shows that references being made, in that YOU are also named..... example:

"Jack, you are a fxxxxx s.o.b. and you have screwed with Jill who is a 'sxxt', a 'wxxxe', and a ......"

......then that is a clear indication of CyberLibel.

• The plaintiff must prove that the statement is defamatory. Simply put, a defamatory statement is "a false statement to a person's discredit".

In other words, after YOU have received the abusive letter, as with any copied in - and YOU know that you have never done or said such things - and then the Defendant makes a further statement showing remorse for the mistake of the accusation... YOU have them more or less nailed!

Or if the Defendant is just blowing and venting steam, has involved all and a sundry in the 'bad day' scenario - and others can happily defend YOUR character as not being as suggested, then the Defendant can be held as Libel.

Or if the Defendant discovers at a later stage of the events that the original cause for such written comments was through events involving someone else, but had acted in a irrational way, by accusing YOU in a judgmental and discrediting manner - then CyberLibel is still a possibility.

When you then decide to take the matter further, that is to seek damages for what is happening - then upon proof of publication, (and that is by the printing out of the FULL Header Text, or forwarding such document to a respectful Lawyer) the law will then make several presumptions in favor of the plaintiff: 

1. That the statement is false;
2. That it was published with malice; and
3. In the case of libel or slander per se, the plaintiff has
   suffered damage.

The Defendant will then have to convince the courts that they acted in a manner that conveyed:

1. Truth/justification: The defendant will succeed, only if they
   can substantially justify or prove the truth of the "sting" of
   the offending statements.
   
2. Fair comment: The defendant is allowed to comment on facts
   truly stated, as long as the comment is fair and the defendant
   is not motivated by actual malice.

When should you sue for libel?

The big question many ask is that if and when you are attacked by members of the public, or worse still, known associates, should you sue for libel?

Since these attacks are often unexpected and VERY damaging, there is often little time for considered reflection. Self-evaluation of the event must quickly answer some important questions, when deciding whether or not you should sue for libel.

Reasons for suing can vary, often it is the question of 'How Much', or at the very least 'How' to stop any such further repetition of the Defendant's actions.

At the very least ANY Libel action should only be instituted if the primary objective is to truly vindicate reputation. 

Then you have to ask yourself the REAL question....
Can you succeed?

In a Libel action, the Plaintiff MUST prove THREE elements of the 'tort of libel', (Love that indication of the Power of Three):

1. The statement HAS been made to a third party.
   
2. The statement referred TO THE Plaintiff. (This does not mean that the statement has to refer expressly to the plaintiff. A statement can be actionable if it is reasonably capable of referring to the plaintiff).
   
3. The statement must be defamatory, which means that it must be a false statement to the plaintiff's discredit.

I have in the past been contacted by Members who have had at one time or another experienced the 'Sting'....so I truly hope that the above offers some insight into this increasing activity - and at the same time, I hope that the sharing of the above information is freely applied - so as to divert the intentions of anyone in the future considering such a stupid action!!!!

I feel that for many who HAVE suffered, or are caught up in such unreasonable behavior, NOW will feel more inclined to act immediately, and not be dragged down. 

I personally have NO hesitation to activating such a Libel action - and I can see no reason why others should not act in the same confident manner.

I have a contact for a Lawyer in the New York area, to those of this State, who is qualified to advise on such a situation. I also have details of a new innovation, that with a small monthly premium, will cover the cost of communication with a Lawyer.

This insurance scheme allows One to interact with a Lawyer, in un-limited terms; at no cost except when/if the actual Court case comes to fruition. 

Then their fees are discounted for members of this scheme.
  

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