04-15-2011, 03:55 PM
(04-13-2011, 04:44 PM)curious Wrote: LC, could she be held libel for this? It doesn't seem like a very smart move in my opinion.
The elements that must be proved in a successful libel claim are:
- a publication to one other than the person defamed;
- a false statement of fact;
- that is understood as
a. being of and concerning the plaintiff; and
b. tending to harm the reputation of plaintiff.
Also, courts look at whether a reasonable reader could understand the statement as asserting a statement of verifiable fact. (A verifiable fact is one capable of being proven true or false.) This is determined in light of the context of the statement. A few courts have said that statements made in the context of an Internet bulletin board or chat room are highly likely to be opinions or hyperbole, but they do look at the remark in context to see if it's likely to be seen as a true, even if controversial, opinion ("I really hate JsMom's attention seeking rhetoric") rather than an assertion of fact dressed up as an opinion ("It's my opinion that Charlie Sheen likes hookers & blow").
"The power of accurate observation is frequently called cynicism by those who don't have it." - George Bernard Shaw 