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The Chip Board Archive 01

DEFAMATION, PART V, CONCLUSION

PART V - FINAL

"Often hobbyists are not shy about speaking with frankness about their colleagues. Neither are merchants, who frequently like to tell each other if they have had a bad check passed - the better to prevent more of them, thank you.

"But in reaching the conclusion that there is a duty to convey information, the courts have repeatedly held that there is also a duty of accuracy.

"Moreover, if the sender of the erroneous message can be found to have knowledge that it is false, regular or compensatory damages may have punitive damages added on.

"Scams find their way onto the wires, and the Internet, all the time. The key is to be certain that before you repeat what you hear, or before you start a rumor, be certain that it can be substantiated - and that it's true.

"Truth is an absolute defense to libel or slander. No matter how malicious, how ugly the claim, if it's true, our system of justice says that the writer is permitted to state it as a fact, there's no consequence.

"There are certain qualified privileges that are involved. If you're a public figure - an elected official, for example, and perhaps the elected officer of a club if the position is public enough - even wrong things can be said about you, as long as it without malice. If it is malicious it is compensable.

"In summary, it all goes back to what your mother said to you as a kid: if you don't have something nice to say, don't say it. Because if you do, you might have to pay the piper.

"If you do find yourself in a situation where a claim of libel or slander is made against you, don't panic. You may have protection that you didn't know you had in the form of homeowner's insurance, which protects against' advertising injury' that includes claims of defamation.

"But don't go testing out this area of coverage with much enthusiasm, because if the action taken was malicious, it is probable that coverage will simply be disclaimed."

* * *

So, folks, post & criticize, but do so not with passion but with care.

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Copyright 2022 David Spragg