Justice Smith also suggested that online
defamatory actions of this type might be considered unusually complex,
Thus, a hyperlink (without direct reference to the defamatory statement) would not satisfy the threshold element of publication set out in Grant v. Torstar Corp., [2009] 3 S.C.R. 640 to establish
a defamatory action.
Not exact matches
These malicious
actions and the refusal to retract
defamatory statements by Zenefits led to our initial court filing.»
«Take note that we have the full instructions of our clients to institute legal
action against any person and media house that persists in the publication or republication of the clearly
defamatory and damaging media report.
The suit by his lawyer, Chief Mike Ozekhome (SAN), showed Dokpesi also praying for a perpetual injunction restraining the defendants or their agents from further making any
defamatory publications against him, and N50million as cost of the
action.
Lawyers for Charlotte Osei also demanded the list of workers who were behind the petition «to enable us commence legal
action against them for the
defamatory statements contained in their petition failing which our client will be constrained to proceed against you alone as defendant in the suit our client intends to commence against them since you are to all intents and purposes, their agent.»
3.0 Having perused the said letter to which was attached the allegations on the basis of which the petition invoked the provisions of article 146 of the 1992 Constitution of the Republic of Ghana for our client's impeachment, we have noted several
defamatory statements in respect of which we have our client's irrevocable instructions to take immediate
action against your clients who have not been disclosed on the face of your letter.
She said this was «to enable us commence legal
action against them for the
defamatory statements contained in their petition failing which our client will be constrained to proceed against you alone as defendant in the suit our client intends to commence against them since you are to all intents and purposes, their agent.»
In the suit by his lawyer Chief Mike Ozekhome (SAN), Dokpesi is also praying for a perpetual injunction restraining the defendants or their agents from further making any
defamatory publications against him, and N50million as cost of the
action.
Former Chelsea striker Drogba, 38, is threatening legal
action and called the Mail's story «false and
defamatory».
She said this was «to enable us commence legal
action against them for the
defamatory statements contained in their petition.»
From the very start the STGRB website was set up to conceal who is behind it because it was a planned revenge, hate site and the owner wanted to avoid legal
action for the
defamatory and libelous content.
His step - mother, uber - socialite Dede Wilsey, threatened legal
action against his publisher (after excerpts had run in the New York Times and San Francisco Chronicle) in an attempt to stop publication of the book on the basis that there were more than 30 «actionably
defamatory statements of fact... which constitute libel per se» (and that was just in the excerpts!).
You will not, and will not allow or authorize others to, use the Services, the Sites or any Materials therein to take any
actions that: (i) infringe on PetSmart Charities» or any third party's copyright, patent, trademark, trade secret or other intellectual or proprietary rights, or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are
defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous, hateful, constitute discrimination based on race, religion, ethnicity, gender, sex, disability or other protected grounds, or are pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on PetSmart Charities or its licensors or suppliers» infrastructure; (v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) involve the preparation and / or distribution of «junk mail», «spam», «chain letters», «pyramid schemes» or other deceptive online marketing practices, or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violate any applicable «anti-spam» legislation, including that commonly referred to as «CASL»; (vii) would be or encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international laws or regulations; (viii) involve the unauthorized entry to any machine accessible via the Services or interference with the Sites or any servers or networks connected to the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, or attempt to breach the security of or disrupt Internet communications on the Sites (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or entity, including, without limitation, one of PetSmart Charities» or another party's officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Sites; (xi) collect or store personal data about other account users or attempt to gain access to other account users» accounts or otherwise mine information about other account users or the Sites, or interfere with any other user's ability to access or use the Sites; (xii) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Sites» servers or any data not intended for you; (xiii) attempt to circumvent authentication or security of any content, host, network or account («cracking») on or from the Sites; or (xiv) in PetSmart Charities» sole discretion, are contrary to PetSmart Charities» public image, goodwill, reputation or mission, or otherwise not in furtherance of our Vision of a lifelong, loving home for every pet.
You will not, and will not allow or authorize others to, use the Services or the Sites to take any
actions that: (i) infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are
defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous, hateful, discriminatory based on race, ethnicity, gender, sex or disability, pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the Animal League or its licensors or suppliers» infrastructure; (v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) involve the preparation and / or distribution of «junk mail», «spam», «chain letters», «pyramid schemes» or other deceptive online marketing practices or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violate the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN - SPAM Act of 2003); (vii) would encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international laws, rules or regulations; (viii) involve the unauthorized entry to any machine accessible via the Services or interfere with the Sites or any servers or networks connected to the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, or attempt to breach the security of or disrupt Internet communications on the Sites (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or entity, including, without limitation, one of the Animal League's or other's officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Sites; (xi) collect or store personal data about other Animal League members, Site users or attempt to gain access to other Animal League members information, or otherwise mine information about Animal League members, Site users, or the Sites; (xii) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Sites» servers or any data not intended for you; (xiii) attempt to circumvent authentication or security of any content, host, network or account («cracking») on or from the Sites; or (xiv) are contrary to the Animal League's public image, goodwill, reputation or mission or otherwise not in furtherance of the Animal Leagues stated purposes.
You may not use the Site to develop, generate, transmit or store information (including, without limitation, Content) that: (a) in the sole and absolute discretion of Undead Labs, is deemed to be offensive; (b) is deemed unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous,
defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent these restrictions; (c) consists of advertisements, promotions, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication; (d) is derogatory or harmful to the reputation of the Site, Undead Labs, or our directors, officers and employees in any way; (e) encourages the violation of any local, state, national, or international laws or regulations; (f) solicits other users» passwords and / or credit card information; (g) is anti-social, disruptive, or destructive, including, without limitation, «flaming,» «spamming» and «trolling»; (h) carries out any
action with a disruptive effect, such as causing forum screens to scroll faster than other users are able to read, or setting up macros with large amounts of text that, when used, can have a disruptive effect on the normal flow of forum postings; (i) contains any user's personal information, including, but not limited to, such user's real name, address, phone number or private e-mail address, except that a user may communicate his or her own personal information in a private message directed to a single user; (j) forges headers or otherwise manipulates identifiers in order to disguise the origin of any message (k) in any way obstructs or otherwise interferes with the normal performance of another person's use of the Site; (l) constitutes harassment or a violation of privacy or threatens other people or groups of people; (m) is harmful to children in any manner; or (n) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person's identity (whether a real identity or online nickname or alias).
It is for this reason that I have not taken
action, thus far, against the clearly
defamatory content of various internet blogs.
In Bolagsupplysningen OÜ, Ingrid Ilsjan v Svensk Handel AB (BOÜ / Ilsjan) the Court of Justice of the European Union (ECJ) ruled that a legal person can bring an
action for damages and request the correction and removal of allegedly
defamatory information before the courts of the Member State where that person has its centre of interests.
With its first question, the referring court asks whether the victim of
defamatory remarks can bring an
action for rectification and removal of information in any Member State where that information was accessible.
Since the use of a hyperlink can not, by itself, amount to publication even if the hyperlink is followed and the
defamatory content is accessed, N has not published the
defamatory content and C's
action can not succeed.
First, the Court found that the defendant's
actions did not meet the standard of defamation because it did not communicate the
defamatory statement to a third party.
A. applied for summary judgment on the grounds that it was plain and obvious the defamation claim could not succeed because the statement alleged to be
defamatory was protected by absolute privilege and the remainder of the pleadings disclosed no reasonable cause of
action.
Given evidence of the blatant nature of Mr. Rancourt's
defamatory speech — its blatant falsity and overt malice — it would have easily passed even the lowest threshold of requirements for a successful defamation
action in the US.
Of course, defamation law doesn't prevent peopel from critizing that attitudes or
actions or others, it merely prevents them from doing so in a way that is untrue and
defamatory (and not otherwise entitled to a recognized defense).
Trudel and Johnston, believing that the intervenors» submissions were
defamatory, then brought an
action against the intervenors and their lawyer, Laurent Nahmiash.
Successful High Court
action in defamation against a well known leisure retailer following publication of
defamatory statements against an individual.
«This could be a significant disadvantage in respect of material published online as it would mean that if the claimant did not bring an
action within the limitation period (for whatever reason), the
defamatory material could remain accessible indefinitely.»
So, when members who appeared to be lawyers made statements that were clearly
defamatory against this site, we had to take
action.
«The effect of the multiple publication rule in relation to online material is that each «hit» on a webpage creates a new publication, potentially giving rise to a separate cause of
action, should it contain
defamatory material,» it said.
Premier Kathleen Wynne has threatened Opposition Leader Tim Hudak with legal
action if he doesn't retract «false, misleading and
defamatory» accusations he made last week.
Under D.C. law, government officials have absolute immunity in
actions for libel and slander - even if their statements are false and
defamatory - provided that two conditions apply.
Retractions and Removal of
Defamatory Material 33 Retractions 33 Removal 34 The DMCA's «Safe Harbor» Section and the CDA 34
Actions and Notions That Lead to Lawsuits 35 Ignoring the Small Stuff 35 «The Internet isn't real life.»
In other words, the plaintiff in a defamation
action may be required to expend a considerable amount of money to bring the
action, may experience significant negative publicity which repeats the false accusations, and if unsuccessful in the litigation may cement into the public consciousness the belief that the
defamatory accusations were true.
He also chewed out Makhnevich in a default judgment, finding her
actions to be unconscionable and a breach of fiduciary duty, and ruling that Lee's commentary couldn't be
defamatory under New York state law.
The Website Operator also did not contribute to the allegedly
defamatory material, as none of its
actions were alleged to be
defamatory on their own.