Post by Admin on May 22, 2023 16:19:42 GMT -5
This message has been moved to Jump On Board by Admin.
Internet boards are not the venue in which to report crimes.
Publishing less than a full name can be considered libel.
Initials are a legal way of identification per libel law;
Defamation can thus occur without specifically supplying the surname and given names of a person. Inclusion in the statement of information that is sufficient to allow identification - for example that allows a reader to infer identity on the basis of a references to a person's occupation and history - may result in defamation action. (Defamation law in Australia)
Furthermore, a person must be identified in order for defamation to have occurred. The identification occurs either when a person is directly named or when he or she is described so specifically as to be recognizable. (Minnesota Advertising & Media Law )
So anything published which leaves the reader with no doubt as to who is the accused, is identification per libel law.
Until there is a conviction in a court of law, for the specific crime, it would be legally libelous to publically accuse a living person of that crime by name, as if it were true.
Posting in public that John Doe was arrested for Gross sexual Imposition is not libelous.
Posting in public that John Doe sexually molested baby Jane when he has not been convicted in a court of law of that crime is legally libelous.
Posting in public that John Henry covered up the crime that John Doe sexually molested baby Jane when John Henry has not been convicted in a court of law of that crime is legally libelous.
Even if the statement or accusation is true, it is not true in a legal sense until there has been a conviction in a court of law. A conviction in a court of law is what makes a "statement" or "accusation" legally true. Until there is a conviction in a court of law such statements are legally false.
Free speech does not pre-empt defamation law, or the concept of innocent until proven guilty.
Now on ProBoards a potentially legally libelous post is a ToS violation, it doesn't have to go any further than that. A ToS violation is what shuts a board down. In other words board admins and users have to abide by ProBoards Terms of Service (ToS), if a board has even the potential to be a legal liability it is in violation of the ToS and can be dealt with, no further questions asked.
Free speech does not pre-empt ProBoards ToS.
ProBoards can set their ToS rules any way they want, they can make their ToS much more strict than the law, they can do that because they own the boards.
Internet boards are not the venue in which to report crimes.
Publishing less than a full name can be considered libel.
Initials are a legal way of identification per libel law;
Defamation can thus occur without specifically supplying the surname and given names of a person. Inclusion in the statement of information that is sufficient to allow identification - for example that allows a reader to infer identity on the basis of a references to a person's occupation and history - may result in defamation action. (Defamation law in Australia)
Furthermore, a person must be identified in order for defamation to have occurred. The identification occurs either when a person is directly named or when he or she is described so specifically as to be recognizable. (Minnesota Advertising & Media Law )
So anything published which leaves the reader with no doubt as to who is the accused, is identification per libel law.
Until there is a conviction in a court of law, for the specific crime, it would be legally libelous to publically accuse a living person of that crime by name, as if it were true.
Posting in public that John Doe was arrested for Gross sexual Imposition is not libelous.
Posting in public that John Doe sexually molested baby Jane when he has not been convicted in a court of law of that crime is legally libelous.
Posting in public that John Henry covered up the crime that John Doe sexually molested baby Jane when John Henry has not been convicted in a court of law of that crime is legally libelous.
Even if the statement or accusation is true, it is not true in a legal sense until there has been a conviction in a court of law. A conviction in a court of law is what makes a "statement" or "accusation" legally true. Until there is a conviction in a court of law such statements are legally false.
Free speech does not pre-empt defamation law, or the concept of innocent until proven guilty.
Now on ProBoards a potentially legally libelous post is a ToS violation, it doesn't have to go any further than that. A ToS violation is what shuts a board down. In other words board admins and users have to abide by ProBoards Terms of Service (ToS), if a board has even the potential to be a legal liability it is in violation of the ToS and can be dealt with, no further questions asked.
Free speech does not pre-empt ProBoards ToS.
ProBoards can set their ToS rules any way they want, they can make their ToS much more strict than the law, they can do that because they own the boards.