In a move that, once and for all, draws a distinct legal and social line between what can and cant be done on Facebook/Myspace etc, a UK man has won $45,000 in damages against a former friend who slandered him online.
Mathew Firsht, owner of a UK based television company, launched a libel action suing freelance cameraman Grant Raphael, who created facebook profiles criticising the businessman and making allegations about his sexual orientation.
The compensation was as follows:
$31,000 personal damages
$4,000 invasion of privacy
$10,000 damages to Mr. Firsht’s business
This is a move that shows the public once and for all that they ARE accountable for the things they post on social networking sites.
According to Website-Law.co.uk:
1) What is defamatory?
Defamation is all about reputation, and in particular about statements which damage others’ reputations. The English courts have not settled upon a single test for determining whether a statement is defamatory. Examples of the formulations used to define a “defamatory imputation” include:
- an imputation which is likely to lower a person in the estimation of right-thinking people;
- an imputation which injures a person’s reputation by exposing him to hatred, contempt or ridicule;
- an imputation which tends to make a person be shunned or avoided.
A statement that a person is an adulterer, a gold-digger or a drunkard may be defamatory, as may an allegation of corruption, racism, disease, insanity or insolvency.
(2) Libel v slander
The law of libel is concerned with defamatory writings; whereas the law of slander is concerned with defamatory speech. There are some differences in the laws relating to slander and libel. Because defamatory statements on a website will be libellous rather than slanderous, this article considers only the law of libel.
(3) Websites and “publication”
A defamatory statement is not actionable unless it is published. Unfortunately for webmasters, when libel lawyers say “published”, they mean communicated to one person (not including the person defamed). You can libel someone by writing about them on a personal blog, providing at least one person accesses the defamatory material.
That is not to say that a defamatory publication on your personal blog carries the same risk as a defamatory publication on, say, the BBC website. Libels on high-traffic sites are more likely to be discovered by the person attacked than libels on low-traffic sites. Also, potential libel claimants may let a libel pass if it hasn’t been widely disseminated - knowing that a court case would itself ensure the widest possible audience for the slur.
This marks the first precedent of a successful libel action based on a social networking site
1 year ago
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