3 ms·
> I wonder if it could be made a crime? Unjustifiably trashing people's names is already a recognized offense, it is called "slander" or "libel", depending on
by pcrh 13y ago
> I wonder if it could be made a crime?
Unjustifiably trashing people's names is already a recognized offense, it is called "slander" or "libel", depending on whether it is spoken or written.
There are two defenses to this, one that the comments were 'fair comment", i.e. not malicious falsehoods, and the other is "freedom of speech". These defenses are variously successful in different jurisdictions.
In the UK, for example, it is very hard to defend yourself from an accusation of libel, since you have to prove that what you said was factually correct, which is of course easy if that is the case, and you have proof to hand. However if a good lawyer reduces your "facts" to mere hearsay, and then you are in trouble.
In the US "freedom of speech" usually trumps everything else, and you rarely get into trouble for lying about another person.
- WalterBright 13y agoA lawyer once told me that to win a libel/slander case, you needed to show: 1. that the statements made were false 2. that the person making them had malicious intent (i.e. they knew the statements were false and weren't simply joking) 3. some demonstrable harm I.e. saying "Fred is a jerk" isn't slander, because that's a statement of opinion, not a fact. Saying "Fred is a thief and a drunk" is a statement of fact.
- jacques_chester 13y agoDefamation laws vary from jurisdiction to jurisdiction; the advice your lawyer gave in your situation is not necessarily applicable to all situations. Some jurisdictions have allowed the common law (which itself is particular to jurisdictions and so can evolve in different directions in different places) to govern it, others have legislation, still others have a mix of the two. In particular, truth is usually a complete defence to defamation, but not always. Sometimes it is only a partial defence and sometimes it is not a defence at all.