Sorry to drag this up again but I couldn't let it pass without comment. Several pages ago NGB1066 said this:
1. Jackie's comments about Julie Mugford are only libellous if i) they are untrue and ii) she can demonstrate that her good character has as a result been defamed (on the facts described by her she would struggle on this point alone). It is very significant that Julie Mugford has chosen not to sue.
and this:
Hartley - I did not raise the libel issue. When it was raised, I pointed out the two obstacles Julie Mugford would have to clear before succeeding in a libel action. Neither of us know for sure why she has chosen not to sue, but the fact is that she has not.
That is a common misconception of the way that defamation law works. Well, I say "common", whilst it is common among lay people it is quite rare among lawyers, whatever their speciality.
Firstly, a libellous comment is just a defamatory comment in permanant form - such as the written word. A comment is defamatory if it tends to lower the person in the estimation of right-thinking members of society generally. It is defamatory whether or not it is true. There is no doubt that some of the comments on this forum about Julie Mugford are defamatory.
One defence to a claim of defamation is justification (truth). But the burden of proof is on the defendant to show that the statements made are true.
So Julie Mugford does not have two obstacles to clear, she only has one. To show that the statements made would lower her in the estimation of right-thinking members of society generally. The maker of the statements must show that they are true.
This really is school boy law.
Do you think JM could earn more than the 25k she got paid of the NOW , if she sued ?
I have no idea.
Very true!
I second that!
You see Keira, this is goading, it took place before any so called lying comment by Gerald. What makes it worse, is you chose to "second the comment" rather than act.
Since then, you've read back through the thread, decided that Gerald is guilty, this forum can not be moderated.
It's ok Paulg, I'm sure anyone reading this thread can see what happened. NGB stamped his feet and demanded his ego be massaged by "other moderators" and up popped Cliff and Chochokeira, all too happy to sacrifice any facade of independant thought in order to keep their prize poster.
They're probably right to do so. From his posts NGB appears to be generally intelligent, eloquent and well read. No doubt he makes more of a contribution to this board than I ever would. But you will never persuade me that he is any kind of lawyer, let alone a barrister. If he was, do you really think he would throw his toys out of the pram over the opinion of an anonymous poster who registered just yesterday on an internet forum?
Another allegation that I am a liar. If forum moderation has any meaning, action should follow. However, this is not my responsibilty because I am not a moderator. Mike Tesko in an effort to ensure fairness and balance picked a set of moderators from both sides of this debate. Most have acted fairly and effectively. Paulg has not. No doubt he will support "Gerald" on this post as well.
Right, now i've taken my time to respond to you.
This debate was never about the guilty v's not guilty factions, IMO it was about law that affected every person that posts on this forum.
You've made statements of fact on this forum, regarding legal issues, that in the opinion of a new poster, where clearly not made by an English barrister/lawyer (i'll come back to the English bit). You've decided to hide behind the he's calling me a liar, or i think its John attacking me. Then you've hid behind Paulg is a biased mod, help me other mods, i want him removed.
What concerns me, is that you have not retracted these statements, yet they are false, i suggest that if you are in the legal profession, you do so when you are next online.
Now, back to the English bit. Maybe you googled your information, or maybe you're an attorney in the US, i'll give you the benefit of the doubt that you're from the US, but do not post on English law unless you are qualified to do so.
This is a quote from a case on the internet, involving an English company.
"The impact of the First Amendment has resulted in a substantial divergence of approach between American and English defamation law. For example in innocent dissemination cases in English law the Defendant publisher has to establish his innocence whereas in American law the Plaintiff who has been libelled has to prove that the publisher was not innocent."
Now, i don't want an apology, but i certainly think you owe one to every person that posts on this forum.
Mike, as i said before, feel free to remove me as a moderator. But, i can assure you i am not biased, and in this instance, i only had everyones interest on my mind, including yours.