Page 1 of 1

Slander

PostPosted: Mon Jul 28, 2008 2:37 pm
by jewhoo
What exactly constitutes slander? And how interested would the police be in pursuing a case of it?

Is it considered a touch naughty for person A to announce to a group of people that person B is a fcuking arsehole, a complete cock, a spineless pussy and a fcuking cnut, and then for person A to send a few text messages to a friend of person B saying much the same about person B?

There is obviously more to this - person A sent person B a few abusive messages about 18 months ago and there has been no contact since.

Re: Slander

PostPosted: Mon Jul 28, 2008 3:03 pm
by Routie445
This post intentionally left blank.

Re: Slander

PostPosted: Mon Jul 28, 2008 3:30 pm
by Marki
cnut

Re: Slander

PostPosted: Mon Jul 28, 2008 3:32 pm
by Routie445
This post intentionally left blank.

Re: Slander

PostPosted: Mon Jul 28, 2008 3:36 pm
by Gizmo
thebluebus wrote:
Marki wrote:cnut

I believe that to be groundless criticism and thus defamatory - I shall retaliate in kind.

Tit.

Sirs;

I believe you both to be feckless poltroons.

Yours, &c.

Re: Slander

PostPosted: Mon Jul 28, 2008 3:54 pm
by tanglerat
It ain't slander if it's true.....

Re: Slander

PostPosted: Mon Jul 28, 2008 4:04 pm
by Stackmonkey
:handbag:

Re: Slander

PostPosted: Mon Jul 28, 2008 4:51 pm
by Marki
:biglaugh:

Well old Katey katoona got a nice payday today

Re: Slander

PostPosted: Mon Jul 28, 2008 5:08 pm
by Gizmo
Marki wrote::biglaugh:

Well old Katey katoona got a nice payday today


"Reports that 'farmers' across Colombia jumped for joy at the news were said to be 'exaggerated'."

Re: Slander

PostPosted: Mon Jul 28, 2008 6:07 pm
by jewhoo
All useful so far....keep up the good work.

Re: Slander

PostPosted: Mon Jul 28, 2008 6:44 pm
by FiF
What you've got so far is classed as abusive rather than defamation I suspect. In defamation the spoken part is slander, the written text is libel. There may be more that has been said, specific deliberate accusations that not mentioned.

If a dispute arises then it is entirely upon the onus of the person making the claim that whay they said is true. If it is decided that libel/slander has been committed, then it is not the case for the judge or jury to decide how severe the defamation is but then merely the amount of damages separately. Bit wierd I know but there it is.

The acid test is how damaging to the person is the defamation. The slander is clearly to a small-ish number of people, and the libel is to one person as I understand it, and thus would on face value be less defamatory than an expose in the News of the Screws about a propensity for rear ending various Boxheads by nefarious activities.

On the other hand it could be that this slander could be very damaging if the defamation was aimed at key people who could have a very big influence on a person's career or business prospects say. That could be seriously defamatory, far far far worse than a News of the Screws article.

However there is a defence of fair comment which is a bit vague, which allows you to say, I don't like Max Mosley, but not to say... you know. Equally being abusive is not libellous.

What you describe is being abusive I think, police won't be bothered, civil matter based on what posted I reckon.

Re: Slander

PostPosted: Mon Jul 28, 2008 7:57 pm
by mickk
Whats the difference between slander and libel then.?

Re: Slander

PostPosted: Mon Jul 28, 2008 11:01 pm
by jewhoo
Thanks FiF. If it's a civil matter, then is there anything that can be/is worth doing? If it is just abusive and the police wouldn't be interested, then just how abusive are you allowed to be before something can be done?

Re: Slander

PostPosted: Tue Jul 29, 2008 6:49 am
by wasted years
Slander is indeed civil and if you were to pursue it you would need to liaise with a solicitor or barrister.

There is however the protection from harassment act which is criminal. It was brought in to deal with stalkers and since then everyone has jumped all over it and it gets used too much IMO. What needs to be shown that one at least two occasions another has pursued a course of conduct that makes you feel harassed (common sense needs to be used here - I feel harassed having to dodge chuggers but they'll never be done for harassment). If they other person was sending you harassing letters or turning up at your work harassing you then the BiB might be interested.

Somethings are a fine line between civil and criminal and would need more info/circs to give better advise.

Re: Slander

PostPosted: Tue Jul 29, 2008 7:56 am
by jewhoo
I see. Seems to me like the case I outlined is somewhat borderline - there have been two incidences of harrassing behaviour (does two messages count as two seperate incidents?) in 18 months. There is a lot of history to this - person A was in a position of responsibility over person B when B was a minor and person A was verbally abusive for a number of years. Maybe it's better to make a record of the event (plenty of willing witnesses!) and then do something if it happens again? There'll probably be another meeting in a couple of weeks time.

Re: Slander

PostPosted: Tue Jul 29, 2008 8:31 am
by FiF
mickk wrote:Whats the difference between slander and libel then.?

Slander is spoken, libel is written, could be in a newspaper, a book magazine, email, bulletin board , forum posts and SMS text message.

Slander and libel are both defamation which is the actual offence, putting it a bit simply.

It depends on the medium of the written libel as to who also may be liable, thus a magazine article the author and the publisher would be liable, probably the editor too.

@jewhoo

I reckon you've got a borderline case in many ways in various aspects, the defamation, harrassment and also as A is senior in responsibility to B do you also have a borderline bullying case, or maybe this is just the visible tip of an iceberg? Giving enough rope to hang themselves comes to mind. Documentation will be key from hereon.

Re: Slander

PostPosted: Tue Jul 29, 2008 12:03 pm
by wasted years
I agree with FiF - sounds more like a bullying/unprofessional manner rather than criminal harassment. Something like this I would refer back to the company to deal with.

Re: Slander

PostPosted: Thu Jul 31, 2008 3:27 pm
by jewhoo
FiF, YHM. If you want to forward it on to wasted years then feel free.

Re: Slander

PostPosted: Fri Aug 01, 2008 7:59 pm
by wasted years
Replied

Re: Slander

PostPosted: Fri Aug 01, 2008 8:44 pm
by FiF
Ditto

Re: Slander

PostPosted: Fri Aug 01, 2008 9:08 pm
by wasted years
FiF wrote:Ditto

I am too dumb to hold an opinion :hehe: