On 7/31/2012 4:54 PM, Steve Cottrell wrote:
On 31/7/12, Daniel J. Matyola, discombobulated, unleashed:
I find this very strange. Is offensive tweeting really a crime in
Britain? While the tweeter appears to be a jerk, didn't Daley
increase the harm (if any) from the tweet by republishing it?
The laws are being tested.
It's a criminal offence in the UK to publish defamatory information -
Twitter is another method...
<http://en.wikipedia.org/wiki/English_defamation_law>
The UK gives much greater leeway to plaintiffs in
libel/slander/defamation cases than the US. It's relatively impossible
for a public figure to sue for defamation in the US as the burden falls
upon the plaintiff to demonstrate actual malice. The question then
becomes whether or not the plaintiff in this case would be considered a
public figure due to his status as an Olympic competitor.
The key precedents here would likely be either New York Times v.
Sullivan if he were indeed considered a public figure
(http://en.wikipedia.org/wiki/New_York_Times_Co._v._Sullivan), or
Brandenburg v. Ohio, which would require that the speech in question be
both intended to incite violence, and likely to cause it
(http://en.wikipedia.org/wiki/Brandenburg_v._Ohio).
-- Walt
--
PDML Pentax-Discuss Mail List
PDML@pdml.net
http://pdml.net/mailman/listinfo/pdml_pdml.net
to UNSUBSCRIBE from the PDML, please visit the link directly above and follow
the directions.
