getting sued for defamation c/d?

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so, as the copy editor for a student newspaper, i'm getting sued for defamation. i think it's bull, obv. but i am 23 and new to this! as i was told earlier today, i've earned my stripes. i don't want to say anymore, given the fact that this is as yet unresolved.

so, tell me about getting sued for defamation. i am considering it a 'teachable moment' for now.

derrick (derrick), Wednesday, 5 July 2006 07:01 (nineteen years ago)

Depends which country you're in. Anywhere except the UK (and maybe France) it's probably classic. In the UK it's duddier than a cheap, damp firework purchased from a dodgy cornershop.

Hello Sunshine (Hello Sunshine), Wednesday, 5 July 2006 07:26 (nineteen years ago)

Getting lawyers' letters is not necessarily a big deal. If you print a retraction they should go away. Do you stand by the story? If so, get a lawyer. Are you being sued personally or is it the paper? What defence would you use? A very basic and incomplete guide from memory - do not rely on in court:
i. Truth - a complete defence if the allegations are substantially true (i.e. any inaccuracy must be very minor and not have an impact on the damage to the reputation of the person in question). This doesn't apply to spent convictions aired maliciously.
ii. Fair comment - an expression of opinion on a matter of public interest. No malice involved and underlying facts must be proven by the defendant.
iii. Privilege - it's in society's interests for people to be able to communicate without fear of being sued - be very careful with this one - you can't just print any old balls and claim privilege.
iv. Absolute privilege - parliamentary and court proceedings.

beanz (beanz), Wednesday, 5 July 2006 07:33 (nineteen years ago)

this can't be australia because the phrase 'teachable moment' is not part of our lexicon.

estela (estela), Wednesday, 5 July 2006 07:36 (nineteen years ago)

It depends, maybe someone involved got hit by a rock and has a new (triple!) accent.

Nathalie (stevie nixed), Wednesday, 5 July 2006 07:38 (nineteen years ago)

Which country?

suzy (suzy), Wednesday, 5 July 2006 07:41 (nineteen years ago)

I'm guessing somewhere in North America, given the phrases "copy editor" and "bull", neither of which are common this side of the pond.

Plus a Brit would probably just call it libel.

Hello Sunshine (Hello Sunshine), Wednesday, 5 July 2006 07:48 (nineteen years ago)

canada.
we're standing by it, and believe the filing to be primarily an intimidation tactic. most student papers would settle to avoid having to deal with the issue, but we made a point by publishing the stories in the first place, and are willing to stick up for them.
me, the news editor, and the paper are being sued but we are doing a joint defense. so i'm covered, personally.
we reported on a 4uditors report which is, in my opinion, entirely credible, i.e. the individual 4uditor in question does regular work for the gov't, including mega-scandals. the plaintiff seems to doubt its veracity. we have yet to receive a statement of claim, and are in limbo.
we've been very careful to only refer to the report, and not make any claims ourselves. if the report is somehow in error, we can easily retract and blame the 4uditor.

xpost - as i understand, libel means falsehood, whereas defamation means 'makes me look bad! waah!'.

derrick (derrick), Wednesday, 5 July 2006 07:50 (nineteen years ago)

what is the brit term for copy editor? my job is to read everything 3 times over and edit for style, clarity, spelling, punctuation, and legality. i love it; i find that it is making me a better writer technically, and is also building up my confidence as a writer, by virtue of the amount of awful writing that i have to go over.

derrick (derrick), Wednesday, 5 July 2006 07:57 (nineteen years ago)

Doh... ignore my post - confused by timezone. I was talking about English law. In England, defamation is the umbrella term covering libel (print) and slander (voice). It's in civil law, but there is such a thing as criminal defamation, which is very rarely dusted off.

beanz (beanz), Wednesday, 5 July 2006 08:00 (nineteen years ago)

"what is the brit term for copy editor?"

The closest thing to it is a sub editor. Or sub-editor. Or subeditor. Such things are argued about at length by such people.

Hello Sunshine (Hello Sunshine), Wednesday, 5 July 2006 10:34 (nineteen years ago)

xpost: copy editor = subeditor/sub-editor over here. a fine and noble profession ;)

it's obviously very hard to comment here without knowning the full story (and the canadian legal system), but basically "defamation" here in scotland is defined as meaning (reaches into depths of memory) something along the lines of reducing a person's standing in the eyes of other right-thinking people. here in scotland, there's no legally recognised difference between "libel" and "slander", for instance: it all comes under "defamation".

as i understand, libel means falsehood, whereas defamation means 'makes me look bad! waah!'

not really. for the purposes of a defamation suit (i'm assuming canada's roughly the same) over here, all that matters is the plaintiff's perceived reduced standing. at base, it doesn't really matter what you've accused them of, whether it's true or not, or whether or not it's malicious: the fact is simply that they believe they've been defamed.

obviously, the truth/malicious intent/etc stuff comes into play as soon as you decide how to deal with it, whether privately or in court. and i can't advise you of anything here without knowing more about the case - and believe me, you do NOT want to be posting anything about the case, as you know only too well.

it's a tricky one, and i wish you well. i'd ask if there were any union/university bodies to whom you could go for assistance, but then i have a sneaking suspicion that the pursuer might well work for one of those two bodies (at least, from my own experience of student hackdom).

grimly fiendish (grimlord), Wednesday, 5 July 2006 10:43 (nineteen years ago)

Welcome to the ranks. I believe your at least the third Canadian here to go through this as a student. Is your paper a member of CUP?

Rufus 3000 (Mr Noodles), Wednesday, 5 July 2006 11:06 (nineteen years ago)

i. Truth
ii. Fair comment
iii. Privilege
iv. Absolute privilege

-- beanz (beanzil...) (webmail), Today 8:33 AM. (later) (link)

Don't forget

v. Low Abuse. Malicious but unspecific.

mark grout (mark grout), Wednesday, 5 July 2006 11:19 (nineteen years ago)

marvelling at copy editor being held responsible!

in the US the editor-in-cheif & writer would be targets of lawsuit

wouldn't they?

m coleman (lovebug starski), Wednesday, 5 July 2006 11:26 (nineteen years ago)

"cheif"

speaking of copy editors

m coleman (lovebug starski), Wednesday, 5 July 2006 11:27 (nineteen years ago)

That does seem kind of weird unless you also wrote the story. Normally it’s the author and the publishing/senior editor whose had to deal with these things.

Rufus 3000 (Mr Noodles), Wednesday, 5 July 2006 12:27 (nineteen years ago)

no chance of yr uni giving you legal aid?

Machibuse '80 (ex machina), Wednesday, 5 July 2006 12:46 (nineteen years ago)

What Rufus said about CUP. This is pretty much why they exist. But, chances are, you'll have to get in touch with them.
Good luck!

Huk-L (Huk-L), Wednesday, 5 July 2006 13:45 (nineteen years ago)

CUP are more useless then a milk cow without tits

anthony easton (anthony), Wednesday, 5 July 2006 14:51 (nineteen years ago)

Their newswire perhaps.

Rufus 3000 (Mr Noodles), Wednesday, 5 July 2006 15:09 (nineteen years ago)

i was a copy editor at my old college paper and i seriously think this is bullshit. i don't know what the defamation laws are in canada but if you single out the copy editor you might as well blame the printer, distributor, staff cartoonist, whatever.

J.D. (Justyn Dillingham), Wednesday, 5 July 2006 15:36 (nineteen years ago)

If you were merely reporting on an auditor's report I doubt there's a case against you or the paper, especially if you reported it as the findings of a particular auditor and not as indisputable truth.

Abbadavid Berman (Hurting), Wednesday, 5 July 2006 15:55 (nineteen years ago)

no, there's still a case. whether or not it's a winnable one, of course, is an entirely different matter.

i call bullshit too: the chances of the pursuer going ahead with this are minimal. but best to be prepared all the same.

grimly fiendish (grimlord), Wednesday, 5 July 2006 16:17 (nineteen years ago)

yep, we're with CUP and they're backing us. i'm happy with them so far.
my newspaper has no ed-in-chief, and as copy, i'm the person with final responsibility for everything we print. we're a relatively consensus-based editorial collective! how very vancouver.

grimly, i'd ask if there were any union/university bodies to whom you could go for assistance, but then i have a sneaking suspicion that the pursuer might well work for one of those two bodies (at least, from my own experience of student hackdom). touches very close to what's going on here, and i won't say any more.

thanks folks!

derrick (derrick), Wednesday, 5 July 2006 17:51 (nineteen years ago)

in which case, i shall leave you with the cheery thought that the former university secretary (ie v big boss) at my alma mater threatened to sue the student paper (after my time), and it came to nought.

if the suit DOES go ahead, make sure every single newspaper in canada milks the story for everything it's worth and portrays you as risk-taking heroes of journalism etc :)

grimly fiendish (grimlord), Wednesday, 5 July 2006 18:16 (nineteen years ago)

mind if i ask which paper, derrick?

Sym Sym (sym), Thursday, 6 July 2006 03:06 (nineteen years ago)

It's probably the one thats in Battlestar Galatica or the one with the nude beach.

Rufus 3000 (Mr Noodles), Thursday, 6 July 2006 03:10 (nineteen years ago)

this is kinda the culmination of about 4 years in student politics for my partner and i. it's an incredibly intricate story that i hope i can tell eventually. this is my first summer in journalism; you know, retired politicians jumping to the other team and all that. we've definitely got the support of most of CUP as well as a large network of students in the vicinity. the plaintiff is close with a disliked national organisation. we could be martyrs for the truth! :)

it's the student newspaper at the university in battlestar galactica, x-files, some new malcolm mcdowell show, etc.

derrick (derrick), Thursday, 6 July 2006 04:45 (nineteen years ago)

two months pass...
so, more than two months later, we're defending and still waiting for a statement of claim, i.e. a charge of what we did wrong. we're faxing a letter every week asking for it, and have been for four weeks now. either the plaintiff if out of money (unlikely) or he simply has nothing to offer. our lawyer believes that it's just 'libel freeze.'

it seems we may have a happy ending!

derrick (derrick), Thursday, 14 September 2006 07:04 (eighteen years ago)

here's hoping! doesn't surprise me, certainly.

grimly fiendish (grimlord), Thursday, 14 September 2006 14:13 (eighteen years ago)

Woah! Lawyers be giving happy endings now???!!!

Thermo Thinwall (Thermo Thinwall), Thursday, 14 September 2006 16:08 (eighteen years ago)

The once-noble profession.

Young Fresh Danny D (Dan Perry), Thursday, 14 September 2006 16:14 (eighteen years ago)

five years pass...

in a slight twist on this thread's title, i would like to defame someone in such a way that either does not result in my getting caught or, if i do get caught, does not result in any serious penalty to me.

any thoughts?

Upt0eleven, Thursday, 15 September 2011 12:40 (thirteen years ago)

Following the pattern established upthread - in which country would you like to defame them?

rustic italian flatbread, Thursday, 15 September 2011 12:44 (thirteen years ago)

this would be in the UK. i've had a few ideas but i'm not sure i can get away with any of them.

Upt0eleven, Thursday, 15 September 2011 12:53 (thirteen years ago)

proxy software anonymous blog posts -- good luck!

Mordy, Thursday, 15 September 2011 13:00 (thirteen years ago)

just make sure you don't leave any kind of internet messageboard trail

and my soul said you can't go there (schlump), Thursday, 15 September 2011 13:03 (thirteen years ago)

why would you want to defame someone? Is it rooney?

talking heads, quiet smith (darraghmac), Thursday, 15 September 2011 13:04 (thirteen years ago)

I would like to defame my unscrupulous former landlord who has, a year after moving out, refused to give up our deposit. (Suing him for the money first btw.) He runs a major PR firm in the city and I think I would like to generate some negative PR for him.

He recently also accused me of intending to steal from him, then when I asked him to retract that accusation, screamed SHUT THE FUCK UP x 10 at me down the phone and called me a cunt.

I'm not so worried about the ilx trail at the moment tbh.

Upt0eleven, Thursday, 15 September 2011 13:29 (thirteen years ago)

are you planning to make false claims?

caek, Thursday, 15 September 2011 13:32 (thirteen years ago)

pls mention my former landlord at the same time, thx

and my soul said you can't go there (schlump), Thursday, 15 September 2011 13:34 (thirteen years ago)

xp nope. although I'm led to believe that doesn't necessarily matter.

Upt0eleven, Thursday, 15 September 2011 13:35 (thirteen years ago)

that said, I'd like to go beyond facts and do a bit of character smearing, if possible.

Upt0eleven, Thursday, 15 September 2011 13:36 (thirteen years ago)

Has he given a reason for not giving up the deposit?

From a range of perspectives, it's best to have the court case settled before embarking on a spree of character assassination.

A little bit like Peter Crouch but with more mobility (ShariVari), Thursday, 15 September 2011 13:38 (thirteen years ago)

Absolutely, I just want to be prepared for after we win. He has given no reason for not giving back the deposit and has been stalling and making false promises, in writing and over the phone, for months.

If he was *just* a dick I might be inclined to move on and chalk it up to experience, but he pertains to be a respectable city professional when he is, in fact, a despicable human being deserving of a world of pain imo.

Upt0eleven, Thursday, 15 September 2011 13:46 (thirteen years ago)

It would be pretty hard to do anonymously. If you win the case and keep any statements about him factual, that'll have a damaging impact on his reputation but not be legally actionable. He might try to sue but he wouldn't have any grounds for doing so.

A little bit like Peter Crouch but with more mobility (ShariVari), Thursday, 15 September 2011 13:48 (thirteen years ago)

no expert but that sounds pretty solid from the upthread info and what i've seen in the good wife

talking heads, quiet smith (darraghmac), Thursday, 15 September 2011 13:52 (thirteen years ago)

my first idea was to run google advertising against his and his company's name calling him a "see you next tuesday" (literally - I've tried this before and Google allows it) but I think that could get me into a lot of trouble, although i could configure it so he couldn't see the ad. My second thought was to negatively blog about him and optimise the bejeesus out of it in the manner of the current second listed Google result for "hmrc".

I realise both of these are very childish but this is the "industry" that i'm in and the tools i have.

Upt0eleven, Thursday, 15 September 2011 14:53 (thirteen years ago)

this is a terrible idea

iatee, Thursday, 15 September 2011 15:16 (thirteen years ago)

i don't get it. you're suing him for the money. if you win then job done. if you lose then you are, ipso facto, almost certainly going to be libelling him.

caek, Thursday, 15 September 2011 15:18 (thirteen years ago)

this does seem rather like it could backfire quite badly - is he worth the potential repercussions on you or people you're responsible to?

civilisation and its discotheques (c sharp major), Thursday, 15 September 2011 15:23 (thirteen years ago)

iatee, i largely agree. i'm in a vindictive mood though and feel that he deserves a bit of a kicking for the stress and huge amount of hassle he's putting us through.

re: if you win then job done. if you lose then you are, ipso facto, almost certainly going to be libelling him.

yeah, I know I should just wash my hands of it but if we "win", the most we get is the deposit back back which, you can presumably understand, hardly feels like justice. ultimately i'm this is just going to have been a thought experiment and will almost certainly not be actually realised, because i don't want to create more hassle for myself, but i have time at the moment to play with it, so that's what i'm doing.

Upt0eleven, Thursday, 15 September 2011 15:26 (thirteen years ago)

I would like to defame my unscrupulous former landlord who has, a year after moving out, refused to give up our deposit.

if you are only going to be saying things about the landlord that are demonstrably true then you would not be defaming anyone.

The New Dirty Vicar, Thursday, 15 September 2011 16:24 (thirteen years ago)


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