"I heard that..."

[edprush]

If someone was to post a message or create a website that said, "I heard that [insert person's name here] was fired for stealing from his boss" can that ever be considered libelous?

Doesn't libel involve false writings? It wouldn't be false if someone said they heard it if they could prove they did hear it, right?

 

[Alistar7]

Libel generally refers to printed materials, you are thinking of slander.

 

[IronWing]

To be slander it doesn't have to be factually false. Telling the truth can be slanderous if conveyed with malicious intent.

 

[edprush]

Slander is verbal/oral and I was asking about something printed/publicized on a website.

 

[RKS]

Originally posted by: ironwing
To be slander it doesn't have to be factually false. Telling the truth can be slanderous if conveyed with malicious intent.

Sorry brother but the truth shall set you free. Malicious intent usually comes in the form of perpetuating a known falsehood.

 

[nageov3t]

when it doubt, don't do it.

but I heard that edprush's mom was a major star in german scheisse movies. :Q

 

[GagHalfrunt]

Originally posted by: RKS

Originally posted by: ironwing
To be slander it doesn't have to be factually false. Telling the truth can be slanderous if conveyed with malicious intent.

Sorry brother but the truth shall set you free. Malicious intent usually comes in the form of perpetuating a known falsehood.

True. If what you say is true you're safe. But you can still be sued and the burden would be on you to prove what you said is true. Simply knowing a fact isn't enough, you'd have to be able to back it up. That makes it dicey.

 

[OrganizedChaos]

use "some people say" instead, if its good enough for a major news network then its good enough for the rest of us.

 

[ElFenix]

Originally posted by: ironwing
To be slander it doesn't have to be factually false. Telling the truth can be slanderous if conveyed with malicious intent.

no, truth is always a defense to libel/slander. telling the truth may be actionable if its invading privacy or similar.

 

[IceBergSLiM]

use the word allegedly.

 

[Farang]

I heard that... anyone who asks for legal advice on a computer forum consumes small children.

 

[edprush]

So who is accountable? The website displaying the comments or the person making the comments?

 

[RichardE]

Originally posted by: edprush
So who is accountable? The website displaying the comments or the person making the comments?

Most websites have a "website is not responsible" disclaimer.

 

[AlienCraft]

Originally posted by: ElFenix

Originally posted by: ironwing
To be slander it doesn't have to be factually false. Telling the truth can be slanderous if conveyed with malicious intent.

no, truth is always a defense to libel/slander. telling the truth may be actionable if its invading privacy or similar.

Assumes that there is a reasonable expectation of privacy.
Public figures have a lower threshold than that of "ordinary"people or so I recall from my days on the front lines.

 

[AlienCraft]

Originally posted by: RichardE

Originally posted by: edprush
So who is accountable? The website displaying the comments or the person making the comments?

Most websites have a "website is not responsible" disclaimer.

Craigslist has a pretty solid disclaimer in that you have several points of choice and opting out based on objectionable material, etc.

 

[maxster]

Originally posted by: GagHalfrunt

Originally posted by: RKS

Originally posted by: ironwing
To be slander it doesn't have to be factually false. Telling the truth can be slanderous if conveyed with malicious intent.

Sorry brother but the truth shall set you free. Malicious intent usually comes in the form of perpetuating a known falsehood.

True. If what you say is true you're safe. But you can still be sued and the burden would be on you to prove what you said is true. Simply knowing a fact isn't enough, you'd have to be able to back it up. That makes it dicey.

The burden of proof would be on the one doing the suing. They have to prove that something is false.

 

[JEDI]

Originally posted by: edprush
If someone was to post a message or create a website that said, "I heard that [insert person's name here] was fired for stealing from his boss" can that ever be considered libelous?

Doesn't libel involve false writings? It wouldn't be false if someone said they heard it if they could prove they did hear it, right?

i dont think so. it's here-say.

it's like saying:
"i think you're a super gay goatse person who likes to drink cum often"

that's protected by the 1st amendment (freedom of speech). your givng your opinion.

now if you said:
"you're a super gay goatse person who likes to drink cum often"

then you're in trouble.

think of the news using the word "alleged" for everything