The other intermediaries who have come into the line of legal fire in Canada are those who post links to sites
considered defamatory.
Something is
considered defamatory if calculated to expose a person to public hatred, contempt or ridicule and involves publishing something defamatory in writing or any other permanent form.
[13] When read in the context that Professor St. Lewis had agreed to undertake a review of the SAC report which alleged systemic racism in the academic fraud process and that she was providing her evaluation of that report as a lawyer, law professor and expert in the field of Human Rights and Research, the words in their natural and ordinary meaning would more than likely be
considered defamatory by the ordinary fair - minded individual.
While this does not mean that they necessarily will be
considered defamatory, it certainly makes the case more difficult for Winfrey's Pennsylvania personal injury attorney.
Even when it comes to posting informal comments on social networking websites or online message boards, it's important not to post false information — especially information that can be
considered defamatory.
He also continued to republish the same inaccurate statements after he was given notice they were
considered defamatory and he was asked to stop.
A source close to the department said that DCLG's lawyers gave Pickles advice that the comments (which LGC says did not come from a departmental official or a press officer) could be
considered defamatory.
On Sunday, Servick reported «that Sarkar has filed a libel suit in a Wayne County circuit court against several «John Does» behind the comments
he considers defamatory.»
Not exact matches
In return, Schroeder agreed not to talk about his departure to the media or «make, publish or provide, or encourage or induce others to make, publish or provide, any statements, comments, or remarks, whether oral or in writing or electronically transmitted, that are or would reasonably be
considered to be disparaging, derogatory, or
defamatory, or that criticize Tim Hortons.»
Slanderous remarks are spoken while libelous remarks are written and published (which means
defamatory tweets could be
considered libelous, not slanderous).
Google has said it is
considering its options and that it already removes links to
defamatory online articles, fulfiling its legal obligations to French citizens.
You may not post or transmit any unlawful, threatening, libelous,
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considered a criminal offense, give rise to civil liability, or otherwise violate any law.
You are prohibited from posting or transmitting any unlawful, threatening, libelous,
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your content will not reasonably be
considered to be,
defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
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considers such entry to be offensive,
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I think it's clear that if the same standard were applied in the Mann case, none of the allegedly
defamatory statements are specific enough to be
considered factual accusations rather than mere opinions.
In
considering what's protected opinion and what's
defamatory, it's interesting to compare the Mann case to a recent 9th circuit case that also attracted a lot of attention, OBSIDIAN FINANCE GROUP, LLC.
Justice Smith also suggested that online
defamatory actions of this type might be
considered unusually complex,
The Court of Appeal determined that the «plain and ordinary meaning» of the D - grade,
considered in the contest of the BBB's stated purpose, was
defamatory.
The plaintiff must «establish that the words complained of are so manifestly
defamatory that any jury verdict to the contrary would be
considered perverse»
In the trial judgement released on November 12, 2012, Trkulja v Google Inc LLC & Anor (No 5)[2012] VSC 533, a jury
considered whether the material was
defamatory under Section 22 (3) of Australia's Defamation Act.
If the publication of the
defamatory statements appears on the Internet, then
consider whether the website or blog has a large viewership.
Put another way, a false statement is not
considered «
defamatory» if it does «less damage» than the facts.
Hyperlinks on web sites, in and of themselves, are not
considered «publications» and therefore can not be
defamatory, the Supreme Court of Canada ruled this morning.
I do say however, that the live debate forum should be
considered as a contextual factor to determine whether the statement is
defamatory in so far as whether it is complete.
A potentially
defamatory statement is
considered to have been published if it is communicated in some way to a third party.
The decision in Totalise plc v The Motley Fool Ltd [2001] EMLR 750 emphasised that the courts are not obliged to provide such relief and can
consider wider matters such as the gravity of the
defamatory allegations, whether the claimant has a strong prima facie case against the defendant, the size and extent of the potential readership and whether the claimant had any other available method of identifying the authors.
Consequently, while the traditional factors to be
considered in determining general damages for defamation remain relevant (for instance, the plaintiff's conduct, position and standing, the nature and seriousness of the
defamatory statements, the mode and extent of publication, the absence or refusal of any apology or retraction, the whole conduct and motive of the defendant from publication through judgment, and any evidence of aggravating or mitigating circumstances), they must be examined in light of the internet context of the offending conduct.
The Delaware Court of Chancery is
considering an argument that a hyperlink to an allegedly
defamatory article, for purposes of overcoming a statute of limitations defense, constitutes republication.
The objectionable materials in question were written by the President - elect of OTLA on this Listserve, containing references to expert reports that the defendant
considered to be
defamatory.
In addition, it appears to say that if * I * were to
consider a comment about Mr. Mike Duffy
defamatory, I can get it taken down!
One of my favourites is from a popular Canadian bank site, which addresses «any materials, information, or communication that either causes any harm to any person or that is illegal or otherwise unlawful, including without limitation any hateful, harassing, pornographic, obscene, profane,
defamatory, libellous, threatening materials which constitutes or may encourage conduct that would be
considered, a criminal offence, give rise to civil liability, promote the excessive, irresponsible or underage consumption of alcohol, or otherwise violate any law or regulation».
A federal court in New York has
considered whether it could exercise jurisdiction over an Iowa website operator for allegedly
defamatory remarks posted on the website.
The court first
considered whether the statements made by Duemeland were
defamatory.
You are prohibited from posting or transmitting any unlawful, threatening, libelous,
defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be
considered a criminal offense, give rise to civil liability, or otherwise violate any law.
a) contain
defamatory words / statements (including words or symbols that are widely
considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation, or socioeconomic group);