Slander, Libel & Privacy 101

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  • MariaMariaM
    MariaMariaM Posts: 1,322 Member
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    Too much legal lingo here. I will give this post to my lawyer to translate.
  • rompers16
    rompers16 Posts: 5,404 Member
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    I just wanted to look at your muscles. Is that harassment? :wink:
  • BeeElMarvin
    BeeElMarvin Posts: 2,086 Member
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    I wonder who's dime he's working on right now... some poor *kitten*.
  • GorillaEsq
    GorillaEsq Posts: 2,198 Member
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    I don't understand what you have against women and gophers.
    I love them both.
  • GorillaEsq
    GorillaEsq Posts: 2,198 Member
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    I wonder who's dime he's working on right now... some poor *kitten*.
    Yours. And your payment is late.
  • dumbbanana
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    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.

    -
    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.

    Are you short? Just wondering....
  • Aimeebird1
    Aimeebird1 Posts: 133 Member
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    How long on average does it take you to type out your post's?
  • BeeElMarvin
    BeeElMarvin Posts: 2,086 Member
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    I wonder who's dime he's working on right now... some poor *kitten*.
    Yours. And your payment is late.

    Wow, you ARE good.
  • GorillaEsq
    GorillaEsq Posts: 2,198 Member
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    Are you short? Just wondering....
    6'3
  • dumbbanana
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    Are you short? Just wondering....
    6'3
    pfft
  • GorillaEsq
    GorillaEsq Posts: 2,198 Member
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    How long on average does it take you to type out your post's?
    10 minutes, tops. I don't spend nearly as much time doing this as people think I do.
  • GorillaEsq
    GorillaEsq Posts: 2,198 Member
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    Are you short? Just wondering....
    6'3
    pfft
    I wouldn't lie to you, banana-person.
  • dumbbanana
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    Are you short? Just wondering....
    6'3
    pfft
    I wouldn't lie to you, banana-person.

    Pfft again. You're a lawyer. it just means you're better at lying than the average Joe.
  • GorillaEsq
    GorillaEsq Posts: 2,198 Member
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    Are you short? Just wondering....
    6'3
    pfft
    I wouldn't lie to you, banana-person.
    Pfft again. You're a lawyer. it just means you're better at lying than the average Joe.
    No, it means that I'm better at propagating a manifestation of the truth, slated in favor of my particular argument, at any given moment.
  • dumbbanana
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    No, it means that I'm better at propagating a manifestation of the truth, slated in favor of my particular argument, at any given moment = good at lying
  • Aimeebird1
    Aimeebird1 Posts: 133 Member
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    How long on average does it take you to type out your post's?
    10 minutes, tops. I don't spend nearly as much time doing this as people think I do.

    This is why they pay you the bigs bucks :drinker: Sooo funny, entertaining and insightful Gorilla :happy:
  • facingfortyfierce
    facingfortyfierce Posts: 5,156 Member
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    I am actually. Sorta.
    Hmmmmm, I will not be inappropriate....but
  • MandaPaigeSparkles88
    MandaPaigeSparkles88 Posts: 1,289 Member
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    So does this mean if i say something incriminating against my ex husband could I be held accountable for it? If so I guess I need to watch my P's and Q's.
  • GorillaEsq
    GorillaEsq Posts: 2,198 Member
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    So does this mean if i say something incriminating against my ex husband could I be held accountable for it? If so I guess I need to watch my P's and Q's.
    No. That's covered by the First Amendment, so long as it's true.
  • fcp1234
    fcp1234 Posts: 1,098 Member
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    Are you short? Just wondering....
    6'3
    pfft
    I wouldn't lie to you, banana-person.

    Pfft again. You're a lawyer. it just means you're better at lying than the average Joe.

    The word on the streets is that he just a paralegal, couldnt pass the bar all the times he tried