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[OM] Re: OT: Libel (was: Re: Dodgy seller on ebay)

Subject: [OM] Re: OT: Libel (was: Re: Dodgy seller on ebay)
From: Andrew Fildes <afildes@xxxxxxxxxxxxxx>
Date: Sun, 23 Jan 2005 21:00:42 +1100

On 23/01/2005, at 7:25 PM, Simon Worby wrote:

> Andrew Gullen asked:
>
>> While you are of course subject to British law on this,
>> I believe that if you confine yourself to facts you need
>> not worry about naming people. Any Brits who are up on libel law?
>>
>> I'm sure many of us would be interested in the information.
>
> I wouldn't say I'm "up" on it, but your understanding is also mine.
>
> Libel and slander are only such if what you say/write is untrue, and 
> can
> be proved to be untrue. The onus is actually on the accuser of
> libel/slander to prove it is indeed libel/slander. If you stick to the
> facts, it can't be untrue, and therefore it's not libel/slander, nor
> defamation of character.

As I remember, the test is a bit tougher here in Oz. It's based on 
malice rather than truth; that is you can be busted for libel even if 
the accusation is true if malicious intent and damage can be proved. 
It's sometimes more just and sometimes not but at least it makes the 
tabloids a damn sight more careful here.
AndrewF


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