2006-12-30 10:32:09 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
My thinking is no on the grounds that yahoo groups are not a public media; souly because you have to register to view it: any fed back is welcome
2006-12-30 10:33:59 · update #1
To prove libel or slander you must be able to prove that you have been affected by these actions by means of money, employment etc.
If you can prove this somehow then the message may admissible in a court of law.
2006-12-30 10:38:50 · answer #1 · answered by LadySable 6 · 1⤊ 0⤋
It would be libel since it is written and not audibly communicated. And any time you can prove actual malice in the communication of some message you can build a libel case against them (in some cases even if it's true). But typically here's what you have to prove for libel:
1) Malice/damage: the person had some intention to do harm to you and KNOWINGLY did so and caused you some harm
2) Communication: since this took place in a public forum, the communication element is already taken care of
3) Lack of Privilege: the person can not be speaking from a point of privilege, such as if a member of the press communicates a message evidenced by a confidential source
4) Not a Fair Opinion: the message must convey some misrepresentation or fabrication of fact and not simply be a fair opinion
Some people have mentioned that you couldn't definitively connect the person to the comment. This may be true but DOES NOT mean you can't build a civil case. I'm not sure what kind of forum it was, but it likely had the person's yahoo ID with the comment. You would be filing a claim in civil court, not criminal court; therefore, you wouldn't have to prove to the court "beyond a reasonable doubt" that that exact person wrote it. Civil court issues are judged on preponderance of the evidence, meaning what MOST LIKELY happened based on the evidence presented. If you presented the court with the libel including their yahoo Username/identity, it would be viewed that the person owning that username/identity most likely committed the libel in a civil court. It would take a strong defense to prove otherwise, especially since yahoo accounts are passworded the person owning the account would have to convince the court that someone else had their password.
2006-12-31 00:05:23 · answer #2 · answered by robcarbone2002 1 · 0⤊ 0⤋
Yes. It's libel - slander is the spoken word.
Yahoo! have computer logs that show where and when an entry was created. These trace back to your computer, so you can certainly be identified. These logs can obtained under a subpoena.
2006-12-30 23:08:34 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Definitely yes, if the person who posted the defamatory material can be identified.
2006-12-30 21:21:47 · answer #4 · answered by iansand 7 · 1⤊ 0⤋
No. You can not prove definitively that it was said person who typed it. Video media and written media can be proven definitively.
2006-12-30 18:38:00 · answer #5 · answered by Sinn A 1 · 0⤊ 1⤋
Ah Yes... I can see it now....
Maddcats vs BeachBum, et Al, US Circuit District 7....
Just give me a reason... Love it... just LOVE it....
2006-12-30 19:45:24 · answer #6 · answered by Gunny T 6 · 0⤊ 1⤋
no
2006-12-30 20:11:42 · answer #7 · answered by Anonymous · 0⤊ 1⤋