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TOPIC: Guideline: Defamation

Guideline: Defamation 4 years 6 months ago #8303

  • Steve Tidball
  • Steve Tidball's Avatar
Defamation


1. Definition

Defamation, also called calumny, vilification, traducement, slander (for transitory statements), and libel (for written, broadcast, or otherwise published words), is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government, or nation a negative image. This can be also any disparaging statement made by one person about another, which is communicated or published.

It is usually a requirement that this claim is false and that the publication is communicated to someone other than the person defamed (the claimant).


2. What is not considered Defamation

A post or thread is not considered defamation if it satisfies the following;

Truth/justification (The comment is a verifiable fact. Being the truth is not always a defence on it's own)
Fair comment (An expression of an honestly held opinion or a criticism on a subject matter of public interest)
Consent (Where the plaintiff expressly or impliedly consented to the publication of the thread or post)
Triviality (Where the circumstances/occasion of the thread or post were trivial to the extent that the person defamed was not likely to suffer harm)


3. Course of Action (Claimant)

If you feel you have been defamed follow the following course of action to resolve any issue;

Check the comment is actually defamation. Use the resources below (See: Resources for Defamation) and check what is not defamation (See: What is not considered Defamation)
Contact and Moderator or Administrator via Personal Message, outline the offending comment and the user who posted the comment and how it defamed you.
Await the decision of the moderator’s discussion, you may have to provide more supporting information.
If your unsatisfied by the moderators decision you may appeal the decision. (See thread: Moderators Mediation)
If your unsatisfied by mediation then legal action may be the best option.



4. Panther Pride Stance

It is the position of Panthers Pride and operator Recycled Pixel to co-operate fully with any legal request for information pertaining to defamation suits claimed against a user of this forum, within reason. This may include (but not exclusive to) providing posts, quotes, and IP addresses.

This type of breach will result in a Zero-Tolerance response from Moderators. (See thread: Zero Tolerance)


5. Action against defamation

Any claim regarding defamation of another user or being personally defamed will be treated seriously. The claim will be investigated by the moderation team and the decision made by the investigation will be final.

In the event of a suit taking place, the account of the defendant will be suspended, pending decision of the outcome. Further outcomes may incur a permanent ban or reinstatement of the suspended account depending on the result of the suit.


6. Resources for Defamation

There are many resources available on the internet to obtain information 'Regarding Defamation' and 'Safe Speech', below are some good resources for your reference;

  1. Defamation Laws and the Internet (Electronic Frontiers Foundation Australia)
  2. Defamation Fact Sheet (Arts Law Centre of Australia)
  3. Defamation law and free speech (Brian Martin)
  4. Defamation and Safe Speech Fact Sheet (Environmental Defender's Office Western Australia)
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