Defamation on the net. Perhaps worth counting to 10 before you press "Submit" button

[Conquiztador]

"What is defamation?
A defamatory statement is one that tends to lower the person in the estimation of right-thinking members of society, or which tends to cause him or her to be shunned or avoided, or which tends to cause a person to be exposed to hatred, contempt or ridicule, or which is a false statement about a person to his or her discredit."

Have a read of this:
http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10639130

Luckily nothing even close happens on KB...

[FJRider]

Defamatory statements are usually those with no explanation or proof/evidence given in the statement made...

[Toaster]

Luckily nothing even close happens on KB...

Hehehe, in Tui's well quoted famous words "Yeah Right!!!"

[peasea]

Defamatory statements are usually those with no explanation or proof/evidence given in the statement made...

Which makes everything I posted about Patrick quite safe.:innocent:

[Ronin]

What about if you take it international?

[mashman]

What about if you take it international?

Good point. If you're on a .com.au when you do it. Are you subject to Ozzy law?

[Skyryder]

It's a statement of fact made with the knowledge that he statement is not true that brings into disrepute the named person or those that hear the statement or read the statement can ascertain the identity that the statement alludes to. That's about it in one sentance.


Skyryder

[Forest]

Truth is an absolute defense to a charge of defamation.

[Grasshopperus]

Isn't there also something about how it's worded? If it's an expression of an opinion then anything is OK. If it's an expression of fact then that can be defamation.

ie. If I say

"Mashman is a cock" (that could be defamation unless we went to court and it was proven to be true (it is))

but

"In my opinion Mashman is a cock" is a-ok :yes:

[Brian d marge]

Goat blowers

There ya go its gone international now

Ya south pacific gypsy goat blowers

there ya go , racist AND international

Stephen

equality for all

[mashman]

Isn't there also something about how it's worded? If it's an expression of an opinion then anything is OK. If it's an expression of fact then that can be defamation.

ie. If I say

"Mashman is a cock" (that could be defamation unless we went to court and it was proven to be true (it is))

but

"In my opinion Mashman is a cock" is a-ok :yes:

At school we used to mutter something about sticks and stones, HTFU etc... seems like it's only when we grow up and there's something to "protect" that we roll out the defamation charges...

[SMOKEU]

I should go down to the local cop shop and say 'xxxxxxxxx off KB said I'm a retard and now I'm mentally tormented for life'. For some reason I think the cop will laugh and tell me to piss off.

[Urano]

Truth is an absolute defense to a charge of defamation.

:rofl::rofl::rofl::rofl::rofl:

oh... poor ingenuous... :D :D :D :D

[scracha]

Trademe is run by useless cunts anyway................... oops

[Usarka]

A defamatory statement is one that tends to lower the person in the estimation of right-thinking members of society, or which tends to cause him or her to be shunned or avoided, or which tends to cause a person to be exposed to hatred, contempt or ridicule, or which is a false statement about a person to his or her discredit."


What right thinking members of society would listen to us lot?

[CookMySock]

That is more a matter for the site owners. It is their site, and therefore their content, and therefore their responsibility. It is fine to claim that content does not reflect their official position but legally it does.

A large part of the members on this site support their own self-esteem by smashing others', and site owners and moderators might just get to wondering just what sort of comebacks this could cause, as the perpetrators walk away laughing and site owners go sky high. Food for thought.

Steve

[Tank]

That is more a matter for the site owners. It is their site, and therefore their content, and therefore their responsibility. It is fine to claim that content does not reflect their official position but legally it does.

A large part of the members on this site support their own self-esteem by smashing others', and site owners and moderators might just get to wondering just what sort of comebacks this could cause, as the perpetrators walk away laughing and site owners go sky high. Food for thought.

Steve

As usual (at least you are consistent) - you are wrong. Which is surprising, because even strung out meth heads get it right once in a while.

It is not a matter for the site owners - they are NOT responsible for what others post (in regard to defamation). Using your logic - If I wrote "XYC abuses little boys" on the side of your barn - you would be responsible for the defamation - which you are not.

With defamation the comment must be "published or communicated to a person other than the person defamed. Thus it is the person publishing (ie the poster) not the site, that is accountable.

[Skyryder]

As usual (at least you are consistent) - you are wrong. Which is surprising, because even strung out meth heads get it right once in a while.

It is not a matter for the site owners - they are NOT responsible for what others post (in regard to defamation). Using your logic - If I wrote "XYC abuses little boys" on the side of your barn - you would be responsible for the defamation - which you are not.

With defamation the comment must be "published or communicated to a person other than the person defamed. Thus it is the person publishing (ie the poster) not the site, that is accountable.

If the site owner has been informed of the defimation and the content is not removed then there could be case to answer. You would need to prove that he was made aware of the defimation and by asking via a post to have the defimation removed might not constitute proof. The other thing that is not widely known is if a poster 'includes' the defimation in one of their posts they too could be charged along with the ogriginal poster. I'm not sayng they would be found guilty but by posting the statement of defimation the are equally dissmenating the defimation and could be equally as liabel But before proceeding you should always give the poster an oppetunity to retract. Preferaby in the forum where the defimation took place. By calling someone names you would not have a hope in hell of even getting to court but if you said that so and so was a burgler, rapist etc or some other 'less than desiralbe trait' you could fi9nd yaself in the shit. In most cases you can offer the belief or opinion as this negates a statement of fact but if for example it was stated that in so's opinion that x was a rapist and you could not give a valid reason for the the opinion again you could find yaself in the shit 'deeply.'
Then there is the question of 'linkages' where for example two sentances that on their own are not defamitory, but when linked together are. But that is a little more complex. Best just to call someone a cunt.....................it's safer that way..........at lest on the net. ha ha



Skyryder

[Usarka]

Best just to call someone a cunt.....................it's safer that way..........at lest on the net. ha ha


I tried just typing "cunt" but it told me I needed 10 characters! :rofl:

[Coldrider]

I tried just typing "cunt" but it told me I needed 10 characters! :rofl:you have to be more descriptive.

[Max Preload]

Truth is an absolute defense to a charge of defamation.

Correct. As is honest opinion.

[Hitcher]

"What is defamation?
A defamatory statement is one that tends to lower the person in the estimation of right-thinking members of society, or which tends to cause him or her to be shunned or avoided, or which tends to cause a person to be exposed to hatred, contempt or ridicule, or which is a false statement about a person to his or her discredit."

A "defamatory" statement is all that but the real kicker is that it has to be untrue if it people spreading such information are to be successfully prosecuted.

[Hitcher]

Correct. As is honest opinion.

Hmmm. Not necessarily. That would depend on the motivation/intent of the person spreading the defamation.

[CookMySock]

It stands to reason then, that systemic and prolonged abuse that results or is likely to result and some person being publicly belittled, that was reported to the moderators and has not been removed, could very well be actionable.

Moderators might do well to err on the side of caution.

Steve

[Tank]

It stands to reason then, that systemic and prolonged abuse that results or is likely to result and some person being publicly belittled, that was reported to the moderators and has not been removed, could very well be actionable.

Moderators might do well to err on the side of caution.

Steve

oooohhh - is that a threat???

Remember - there is a difference between abuse and defamation. Also just because someone is belittled - it dosnt mean that defamation has ever taken place - it could be that the 'victims' life just sucks and the belittlement is simply pointing out facts.

Also - remember its expensive to take a case and also that you have to prove a financial loss.

[Hitcher]

Moderators might do well to err on the side of caution.

And some members should perhaps just HTFU, or risk OOS from persistent and unnecessary usage of the "report post" facility.

[Hitcher]

Moderators might do well to err on the side of caution.

And some members should perhaps just HTFU, or risk OOS from persistent and unnecessary usage of the "report post" facility.

[Tank]

And some members should perhaps just HTFU, or risk OOS from persistent and unnecessary usage of the "report post" facility.


And some members should perhaps just HTFU, or risk OOS from persistent and unnecessary usage of the "report post" facility.

Some post are so good they deserve to be posted twice.

[CookMySock]

Rep and report is normal, appropriate, and recommended use of the forum, apparently just like your systemic abuse. If you don't like it then fuck off elsewhere. :finger:

:yes:

Steve

[Hitcher]

Rep and report is normal, appropriate, and recommended use of the forum

But members aren't given a daily quota to fill. Most are also sufficiently thick-skinned and resilient to never use this facility. Moderators have better things to do than read endless and largely pointless whingeing.

[CookMySock]

Moderators have better things to do than read endless and largely pointless whingeing.Well fuck off and go do that then. No cunt forces you to be a fucken moderator. Do you have a fucken gun at your fucken head or something? If you don't like it - leave. :finger:

Steve

[Hitcher]

Omigosh. Somebody seems particularly sensitive tonight. One wonders what could be troubling them so?

[Morcs]

Maybe its this

205038

[Max Preload]

Hmmm. Not necessarily. That would depend on the motivation/intent of the person spreading the defamation.

If it was not genuine the defense would fail for that reason alone.

[Virago]

Well fuck off and go do that then. No cunt forces you to be a fucken moderator. Do you have a fucken gun at your fucken head or something? If you don't like it - leave. :finger:

Steve

What a charming fellow - thank you for the advice.

We'll take that as a directive to ignore your pathetic whining in future...?

[onearmedbandit]

Aw no, I get the feeling somethings going to go 'international' here.

[EJK]

I wish my posts were worth $21,000 a piece.

[CookMySock]

Omigosh. Somebody seems particularly sensitive tonight. One wonders what could be troubling them so?


What a charming fellow - thank you for the advice. We'll take that as a directive to ignore your pathetic whining in future...?No it was your crew with the pathetic whining about misuse of the reporting system.. Re-read. :cry::cry::cry::cry:

That was a particularly easy accusation to push over. Care to try harder?

Steve

[Eyegasm]

Is there a dairy farm in Edgecumbe?

Cos DB needs some cheese with his whine.

[Usarka]

Hey mods - i don't believe there is site rule about not publishing "report post" comments.

Post 'em all up!

[Tank]

Hey mods - i don't believe there is site rule about not publishing "report post" comments.

Post 'em all up!

Fuck that would be a lot of bandwidth.

Still - something serious must be up - its not like DB to go off the deep end like that. :rofl::rofl::rofl::rofl:

It must be a full moon or (more likely) his time of the month.

Come on DB - change out the rag and have a shower - you will feel better.

[Quasievil]

Well fuck off and go do that then. No cunt forces you to be a fucken moderator. Do you have a fucken gun at your fucken head or something? If you don't like it - leave. :finger:

Steve

Sheeeeeesh Chill ya Ice cream will ya


p.s remember my thread on Member standards............case inpoint yet again

[Tank]

If you don't like it then fuck off elsewhere. :finger:




Well fuck off and go do that then. No cunt forces you to be a fucken moderator. Do you have a fucken gun at your fucken head or something? If you don't like it - leave. :finger:


I hope they infracted your ass so it looks like its been raped by a particularly well endowed donkey with genial herpes.

[Conquiztador]

Guys guys... You have gotten it all totally wrong! I was not looking for the worst defamations when I started this thread...

So could you two coksucking AIDS riddled homos stop the fight re who of you is the more mentally retarded inbreed banjo player. Please... ;)

[Tank]

So could you two coksucking AIDS riddled homos stop the fight re who of you is the more mentally retarded inbreed banjo player. Please... ;)

I dont think that was what the argument was about - but wanted to congratulate you on what is a brilliant insult there. Obviously a bit of thought went into it.

Sadly (for you) Ive never sucked a cock, nor do I have AIDS. As such I feel obliged to sue you for defamation (if only to assist with getting this thread back on-subject). You will be hearing from my bush lawyers in due course.

[CookMySock]

I hope they infracted your ass so it looks like its been raped by a particularly well endowed donkey with genial herpes.I bet. Sadly for you, it is the reverse that is more common. I note also you hope I crash my bike and kill myself, and you advertise widely to all members that they not help me when I need it. Genuine mr mister nice guy aren't you.

What do you do here anyway, Tank? Lets ignore the negatives, like shooting people down, building your own self-esteem by smashing others', sticking your rude remarks in where they are not warranted, using every opportunity to be derogatory... Lets focus on the positives.. What are they, Tank? What do you contribute that builds up and helps people?

Steve

[Tank]

I bet. Sadly for you, it is the reverse that is more common. I note also you hope I crash my bike and kill myself, and you advertise widely to all members that they not help me when I need it. Genuine mr mister nice guy aren't you.

What do you do here anyway, Tank? Lets ignore the negatives, like shooting people down, building your own self-esteem by smashing others', sticking your rude remarks in where they are not warranted, using every opportunity to be derogatory... Lets focus on the positives.. What are they, Tank? What do you contribute that builds up and helps people?

Steve

Infraction free since ages ago ;-) But the ones I did have were excellent. More likely to get green bling (of which I have loads and loads).

Would not wish death on you (or anyone) - but you are an idiot and lets face it - a grown man on a ho-bag is always going to end in tears.

As for the not helping you. I quoted your words in context - you quite happily said that a biker who was hurt (and lost a leg) after being hit by a car (that admits they were in the wrong) "if someone is stupid enough to fuck themselves up that bad in a bike crash then they deserve everything they get." I simply believe that what goes around comes around - and assume that you believe the same should apply to you, your wife and kids - only fair isnt it? Or is one innocent bikers legs worth more than someone's else?

What DO I do here? I like to think I bring a little ray of sunshine to people and brighten their days. As for building up and helping people - I have a job offered at the moment offered to Kiwibikers paying up to $120,000 per year - That is real, tangible, and could be a real help to someone.

You on the other hand have been a whining bitch from the first thread you ever posted on here (its fun reading folks - look it up), come up advise that is either mechanically dangerous thru to (and how could we ever forget) giving drugs to injured bikers on the side of the road that could potentially kill them (of course we didn't know at that point that you secretly thought hurt bikers deserved it).

And as for Mr Nice guy - yep. To my friends and genuine nice people - I would (and do) a lot to help in anyway I can. I just dont think you fall into that category - fuck you didnt even give me a free 00's and 000's !

[Max Preload]

Fuck that would be a lot of bandwidth.

You are joking, right? What sort of quantity of these things are we talking? And is it always the same people?

Seems like KBers need to HTFU.

[onearmedbandit]

You are joking, right? What sort of quantity of these things are we talking? And is it always the same people?

Seems like KBers need to HTFU.

Oh there's a lot. And there are a lot of repeat, um, reporters.

[Tank]

Oh there's a lot. And there are a lot of repeat, um, reporters.

I wonder is there a way to run a report with a listing of the highest reporters?

[Max Preload]

Oh there's a lot. And there are a lot of repeat, um, reporters.

They should just fuck off if they don't like it.

[Headbanger]

Bestest.Thread.Ever.

Easily some of DB's best work, and thats saying something.

[Hitcher]

Hey mods - i don't believe there is site rule about not publishing "report post" comments.

Post 'em all up!

Such an endeavour would make the Encyclopedia Britannica look like a short story. It never fails to surprise me who complains so much about so little. Seriously.