On Mon, 13 Dec 2004 12:27:38 +1300
Dale Anderson <[EMAIL PROTECTED]> wrote:

> As far as I recall it is legal to state your personal views re someone 
> else publically as long as you truely believe your statement 
> ...regardless of the content .

"regardless of the content" goes too far. there are a number of things
relevant here:

1. it is defamation to say something that lowers the target in the eyes
of right thinking people generally:

"X is a thief", "X is into bestaility", " Doctor X couldn't diagnose the
common cold", "X the sysadmin couldn't secure a linux box if it was in a
locked shipping container with no connection to the outside world". Just
think what it would mean to your personal or business lives if someone
said those things about you, and you will realise why.

2. it is a defence to defamation if the statement is true, but having
said it you must prove it, a notoriously difficult task.

3. it is a defence to defamation if you are expressing a genuinely held
opinion and express the reasons for the opinion " the latest record by
Band G is awful because they have abandoned their blues roots and
produced a poppy but shallow imitation of their glorious early albums".
However it is easy to  cross the line, as i imagine this might: "Band G
have stooped to new depths with their loathsome new album. The lead
singer sings like a cat with asthma which is only fitting for the crap
played by her backing musicians. Clearly 'musicians' is not the right
word for these creatures, they are blood sucking leeches on today's
youth, selling out to corporate greed and their own ends."

4. there are also laws about how we behave in public, such as laws against
offensive behaviour and language in public places, and laws about
inciting racial hatred etc.


> 
> Dale.

-- 
Nick Rout <[EMAIL PROTECTED]>

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