Slander, Libel & Privacy 101
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GorillaEsq
Posts: 2,198 Member
in Chit-Chat
Several times on this site, I have noticed people get "bent out of shape" with regard to "slander, libel & privacy." There is nothing inherently wrong with that, less the fact that most people clearly have no understanding of what these legal terms actually mean.
Thus... a quick tutorial.
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Is BlaBla-A's act of copying and pasting BlaBla-B's quotes an act of "slander?"
No. Not even a little. Slander is a form of defamation of character. The lay definition is basically, "making crap up about someone, and saying it out-loud." It is a spoken form of defamation. Thus, it is not applicable in this scenario, at all.
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Is BlaBla-A's act of copying and pasting BlaBla-B's quotes an act of "libel?"
No. Not even a little. Libel, like slander, is a form of defamation of character. However, unlike slander, libel entails written defamation. Libel is not an issue here for the following two (2) reasons:
A. I'm fairly sure BlaBla-B's screen name is not their given, legal, Christian name. Since we don't know who they actually are, libel is not applicable under any circumstance.
B. Truth is an absolute defense in any libel case. If it's "true," it's not "libel."
C. "Libel" and "Liable" are NOT the same d@mn thing.
-- Libel = defamation of character
-- Liable = responsibility for an act or action
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Anything put online is public, and you waive your right to privacy.
Yes, and no. (And it gets complicated in a hurry....)
If you post something online that can be openly accessed by anyone, there is nothing that would prohibit someone from "using it against you," if the circumstance for same was reasonable and appropriate.
Example A: If one were to post on Facebook: "Man, I sure do hate women and gophers..." It would be perfectly acceptable for that person's "enemies" to use that quote against them if they were running for office, or applying for a job, etc.
Example B: If one were to privately write in an email: "Man, I sure do hate women and gophers..." It would be perfectly acceptable for the intended recipient to use that quote against them if they were running for office, or applying for a job, etc. However, if an unintended recipient "hacked" or illegally accessed a computer system to receive that email, there is a world of legal issues that come into play, including a few felonious crimes.
In short, the main questions to ask are... "Is there an expectation of privacy?" and "If there is an expectation, to what degree?"
Tendering personal/private information on a public forum abates an expectation of privacy for that particular post. It does not negate privacy for the poster forever and ever thereafter, on any issue and any topic, forever, amen. And, it does not give anyone the right to violate the law and/or commit a crime against that poster.
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Is BlaBla-A's act of copying and pasting BlaBla-B's quotes a violation of the Community Guidelines?
Yes. But that's not saying much. The Community Guidelines are written so broadly that EVERY post on the forum could be considered a violation of the Community Guidelines. And, to be clear, I'm not exaggerating. I could make a case against any post, period. Test me. It will be fun.
Happy Tuesday.
Note about this thread specifically... NOTHING on this thread is, nor should be considered "legal advice." If you have a specific issue or problem, hire a lawyer in your state licensed to handle your particular problem.
Thus... a quick tutorial.
-
Is BlaBla-A's act of copying and pasting BlaBla-B's quotes an act of "slander?"
No. Not even a little. Slander is a form of defamation of character. The lay definition is basically, "making crap up about someone, and saying it out-loud." It is a spoken form of defamation. Thus, it is not applicable in this scenario, at all.
-
Is BlaBla-A's act of copying and pasting BlaBla-B's quotes an act of "libel?"
No. Not even a little. Libel, like slander, is a form of defamation of character. However, unlike slander, libel entails written defamation. Libel is not an issue here for the following two (2) reasons:
A. I'm fairly sure BlaBla-B's screen name is not their given, legal, Christian name. Since we don't know who they actually are, libel is not applicable under any circumstance.
B. Truth is an absolute defense in any libel case. If it's "true," it's not "libel."
C. "Libel" and "Liable" are NOT the same d@mn thing.
-- Libel = defamation of character
-- Liable = responsibility for an act or action
-
Anything put online is public, and you waive your right to privacy.
Yes, and no. (And it gets complicated in a hurry....)
If you post something online that can be openly accessed by anyone, there is nothing that would prohibit someone from "using it against you," if the circumstance for same was reasonable and appropriate.
Example A: If one were to post on Facebook: "Man, I sure do hate women and gophers..." It would be perfectly acceptable for that person's "enemies" to use that quote against them if they were running for office, or applying for a job, etc.
Example B: If one were to privately write in an email: "Man, I sure do hate women and gophers..." It would be perfectly acceptable for the intended recipient to use that quote against them if they were running for office, or applying for a job, etc. However, if an unintended recipient "hacked" or illegally accessed a computer system to receive that email, there is a world of legal issues that come into play, including a few felonious crimes.
In short, the main questions to ask are... "Is there an expectation of privacy?" and "If there is an expectation, to what degree?"
Tendering personal/private information on a public forum abates an expectation of privacy for that particular post. It does not negate privacy for the poster forever and ever thereafter, on any issue and any topic, forever, amen. And, it does not give anyone the right to violate the law and/or commit a crime against that poster.
-
Is BlaBla-A's act of copying and pasting BlaBla-B's quotes a violation of the Community Guidelines?
Yes. But that's not saying much. The Community Guidelines are written so broadly that EVERY post on the forum could be considered a violation of the Community Guidelines. And, to be clear, I'm not exaggerating. I could make a case against any post, period. Test me. It will be fun.
Happy Tuesday.
Note about this thread specifically... NOTHING on this thread is, nor should be considered "legal advice." If you have a specific issue or problem, hire a lawyer in your state licensed to handle your particular problem.
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Replies
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Thank You Gorilla!
that needs to be pointed out every now and again...
i have a question...
what if a different country had different views on libel and slander...because MFP is housed in America, would American rules be the default?
even if the accused/accuser were from lets say Tonga ....and the rules there were different?
I've always wondered that....
internet...making things interesting...true.story.0 -
Can this thread be considered harrassment and cause for mental anquish?0
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Depends on the country and where the act occurs. Case law has established that "where" a computer is physically housed establishes jurisdiction, however even that can get sketchy in a hurry. If the act occurs on a computer in a country that has a treaty with the US for prosecution, extradition, etc, there's a possibility of pursuing. Otherwise, it's likely just "tough-luckies."Thank You Gorilla!
that needs to be pointed out every now and again...
i have a question...
what if a different country had different views on libel and slander...because MFP is housed in America, would American rules be the default?
even if the accused/accuser were from lets say Tonga ....and the rules there were different?
I've always wondered that....
internet...making things interesting...true.story.0 -
If you ask the mods, ALL of my threads cause them mental anguish.Can this thread be considered harrassment and cause for mental anquish?0 -
*sigh* I needed this. My brain was slowly shutting down. Go knowledge! Gorilla, your posts make me happy and smarter. ^_^0
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I'll see you in court.0
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God I love Jack.....yum0 -
Objection!0
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Is the Johnny Depp GIF a copyright infringement?0
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If you ask the mods, ALL of my threads cause them mental anguish.Can this thread be considered harrassment and cause for mental anquish?
^^^Hahaha! This is true, I'm sure.0 -
I don't understand what you have against women and gophers.0
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heh0
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:drinker:0
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Objection!
"That is a lucid, intelligent, well thought-out objection"0 -
Technically, yes.Is the Johnny Depp GIF a copyright infringement?0 -
Your grounds?Objection!0 -
Working hard I see ;p0
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I am actually. Sorta.0
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I get a kick out of everything Gorilla posts!! :laugh:0
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