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Why is this news so quiet?

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Re: Why is this news so quiet?

Postby Hairyloon » Sat Mar 11, 2017 6:01 pm

tph wrote:Perhaps the Lord has employed a firm of solicitors who have informed the mainstream media of his intentions to seek damages for anything considered dafamatory.

It could also be that the nature of the alleged offence makes it difficult to report without being prejudicial to the trial.

But they have reported it. It may be defamatory, but it is true, which gives an absolute defence.
It may be more defamatory to call him a Lord in the reports, but that is true as well.
I suppose one might argue that the nation herself is defamed by one of her peers conducting himself so badly, but if so, she should do something about it.
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Re: Why is this news so quiet?

Postby atticus » Sat Mar 11, 2017 6:10 pm

What is defamatory? Reporting that someone has been charged?

http://www.legislation.gov.uk/ukpga/201 ... /4/enacted
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Re: Why is this news so quiet?

Postby Hairyloon » Sat Mar 11, 2017 6:17 pm

atticus wrote:What is defamatory? Reporting that someone has been charged?

defamation
ˌdɛfəˈmeɪʃ(ə)n/
noun
noun: defamation; plural noun: defamations

the action of damaging the good reputation of someone.

Is the report not likely to damage his reputation? You should note that I said "may be", in order to present the contingency argument.
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Re: Why is this news so quiet?

Postby 3.14 » Sat Mar 11, 2017 6:21 pm

Can facts be defamatory?
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Re: Why is this news so quiet?

Postby Hairyloon » Sat Mar 11, 2017 6:30 pm

3.14 wrote:Can facts be defamatory?

If they cannot, then there would be no need for the truth to be a defence against the charge. I am entirely open to be corrected, but that is my understanding of it.
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Re: Why is this news so quiet?

Postby dls » Sat Mar 11, 2017 6:55 pm

Can facts be defamatory?


Neither facts nor lies are in their essence capable of being defamatory. Words and phrases are. A published assertion which damages the claimant's repute is defamatory. It is for a defendant asserting that the allegation is true to prove it. If he succeeds the action fails. If he does not prove it, having chosen this defence, he fails, and, having maintained his assertion is liable to greater damages.
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Re: Why is this news so quiet?

Postby 3.14 » Sat Mar 11, 2017 7:11 pm

Facts are objective and can be proven.
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Re: Why is this news so quiet?

Postby tph » Sat Mar 11, 2017 10:06 pm

Hairyloon wrote:I suppose one might argue that the nation herself is defamed by one of her peers conducting himself so badly, but if so, she should do something about it.


That is defamatory! He is only alleged to have conducted himself badly.
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Re: Why is this news so quiet?

Postby Hairyloon » Sun Mar 12, 2017 12:43 am

tph wrote:
Hairyloon wrote:I suppose one might argue that the nation herself is defamed by one of her peers conducting himself so badly, but if so, she should do something about it.


That is defamatory! He is only alleged to have conducted himself badly.

Ooh, now we are exploring the grey areas: I think that is not defamatory because it is a hypothesis, not an assertion. It was inspired by the charging of a peer, but does not necessarily relate to that peer.
Though I would concede that the hypothesis placed within a discussion of the conduct of said peer may sufficiently create the required relationship.
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Re: Why is this news so quiet?

Postby dls » Sun Mar 12, 2017 4:37 pm

I suppose one might argue that the nation herself is defamed by one of her peers conducting himself so badly,


Even if he did what he is accused of (I have no idea) it is not at all arguable that the nation is defamed. A clear part of the law of defamation is that groups as such cannot be defamed.
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