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Hate crime in online comments?

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Hate crime in online comments?

Postby Voldemort » Tue Jul 14, 2015 8:32 am

dls wrote:It is defamation, not deformation. Let's leave that behind.

The limitation period runs from the date of publication, not when the person defamed gets to hear about it, but there is provision for extension. On the other hand special rules can apply to internet publications.

I would very nearly always tell a client defamed to forget about it and move on irrespective of the virtues of the case. The huge financial risk of an action has to be measured against the fact that most people's memory is very limited.
There is a real argument that when defamed, the dignified thing to do is to ignore. Picking at it only prolongs the agony. The person making strident allegations often looks bad simply for making them, and arguing only tends to support any suggestion that the person defamed is somehow at fault.

The failure to rise to the bait is no good indication of the reason why they may not have done so.


On a slight tangent, I came across the Daily Express website through a link on google news, whilst I had no expectations for the quality of journalism - I was quite surprised by the open racism including incitement to violence and hatred in the comments section. I thought I'd accidently entered some kind of underground extremist site.

Does a hosting website have any responsibility/liability if the comments are considered to be some form of hate crime?
Last edited by atticus on Tue Jul 14, 2015 9:04 am, edited 1 time in total.
Reason: Moved from another topic
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Re: Hate crime in online comments?

Postby Russell » Tue Jul 14, 2015 11:33 am

Have you got a link to some examples?
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Re: Hate crime in online comments?

Postby Voldemort » Tue Jul 14, 2015 12:22 pm

I don't, it was a few weeks ago. The question was more general in relation to this type of medium (online comments) and the responsibilities of the host - if any
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Re: Hate crime in online comments?

Postby theycantdothat » Tue Jul 14, 2015 12:36 pm

It has long been the case that the letters pages of right leaning newspapers show the fascist pulse beating under the veneer of respectability.
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Re: Hate crime in online comments?

Postby dls » Wed Jul 15, 2015 7:03 am

Theer are rules within defamation law giving a publisher a bit more leg room, but criminal law has different rules entirely.

Assuming (a big assumption) that the words used do amount to a criminal offence, then the author would be guilty, and the publisher - the newspaper could also be liable criminally if it could be shown that it failed to remove the comments once they had been brought to their attention.
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Re: Hate crime in online comments?

Postby Mrhilter » Tue Jul 21, 2015 9:13 pm

I would very nearly always tell a client defamed to forget about it and move on irrespective of the virtues of the case. The huge financial risk of an action has to be measured against the fact that most people's memory is very limited.


So dls, would you be so quick to forget about it, if it were YOU that were being defamed?

Funny how so many decent business people have had their reputations ruined on-line, yet lawyers like yourself would just regard it as just 'part of doing business' and to put up with it, as you suggested on another thread. But lawyers of course think so much more of themselves than they do their clients.

Just a brief search of Google will show you how keen lawyers themselves are to put up with on-line defamation. The three below all showed up in the first page of results. I'm sure there are dozens more. (Not forgetting the solicitors from hell website which you also seem to forbid any mention of).


http://www.dailymail.co.uk/news/article ... d-him.html

http://www.telegraph.co.uk/news/uknews/ ... libel.html

http://www.telegraph.co.uk/news/9297656 ... -golf.html



To pass comment in the spirit of the Daily Mail: it's one rule for them and another rule for us.
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Re: Hate crime in online comments?

Postby Smouldering Stoat » Tue Jul 21, 2015 9:36 pm

Your first example is of a lawyer in the United States.

Lawyers are notorious for failing to take proper advice; one of the reasons for seeking advice is to have someone look at a case dispassionately. It is the same syndrome that sees Doctors endure poor healthcare, because they try to treat themselves. As the saying goes (and often misquoted) a lawyer who acts for himself has a fool for a client.

It may well also be the case that the actions to which you link were improper; frankly I can see no issue with them, but it would be proper to warn of the risks of the Streisand Effect.
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Re: Hate crime in online comments?

Postby atticus » Wed Jul 22, 2015 5:56 am

Dls said more than MrH has chosen to quote.

And clearly there are instances of lawyers who have not sued internet trolls for defamation. Russell has shown us a recent instance.
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Re: Hate crime in online comments?

Postby dls » Thu Jul 23, 2015 5:08 pm

So dls, would you be so quick to forget about it, if it were YOU that were being defamed?


Yes
When - I forget at no cost.
100% victory for me.
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