I am writng a story about my sister suing me. I express several opinions about her character, motives and actions. I want to send this story to several friends via email. Can I be sued for libel?
2007-04-29 10:55:57 · 5 answers · asked by cynkred 1 in Politics & Government ➔ Law & Ethics
Libel happens when you publish or make public a statement that is untrue about the subject.
So if you say your sister was stealing from you to get money so she could buy a ticket on a moon rocket then that is a lie; emailing that or telling people that is libel. Just as if I said you were cheating, unless I had proof to the contrary or at least a sound clue.
Now you can call your sister a mean bag of potatoes that will be an example of verbal assault. If I started calling you a cheater then that could be both and insult and a lie so you could file a case against me on both grounds.
Please note I am not calling you a liar, or your sister a sack of potatoes, these are examples and I do not mean to insult or hurt anyone. This statement is an example of a disclaimer that can be used to clear you of some liability. This allows people to write fiction and satires, however if the fiction is to transparent then it again becomes a potential case for court.
If you write insults about your sister that is verbal assault, if you write lies about your sister that is lying. The law is pretty clear on that.
Of course you may be breaking the law, but it may not be over the threshold to be considered a serious case. If you send your email to one or two friends then few judges would want to bother with the case (unless your libel and verbal assault is harsh enough). If you send that email to a few hundred friends then it might be a case for court, unless your insults were as wishy washy as saying your sister is mean.
To a court the grounds for hearing the case are clear. "I don't know where the borderlines are, but I can recognize it when I see it." Normally, this is applied to pornography, but it can be applied to your case as well. So I can't give you any solid answer except to say if you think it is a libelous statement then it probably is.
2007-04-29 11:13:25 · answer #1 · answered by Dan S 7 · 1⤊ 0⤋
You cannot be sued for libel if you clearly state a matter is your opinion. We are allowed to think freely and freely express our thoughts--we cannot label those beliefs as facts, however.
2007-04-29 11:06:46 · answer #2 · answered by David M 7 · 0⤊ 1⤋
Anyone can sue any one else over anything ... if (s)he can find a willing attorney. The real question is are your opinions based on fact or merely mean spirited.
2007-04-29 11:05:07 · answer #3 · answered by Anonymous · 0⤊ 1⤋
Wording is pretty much te key to it. If you state that "I think she is..." instead of "She is a..." then you MIGHT be able to get away with it.
2007-04-29 10:59:30 · answer #4 · answered by afreshpath_admin 6 · 0⤊ 0⤋
nope
2007-04-29 11:01:27 · answer #5 · answered by Anonymous · 0⤊ 2⤋