If the conduct of the defendants is not an issue in a defamation trial, what on earth is? |
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The tort of defamation protects a person from untrue imputations which harm his reputation with others. |
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If the contents of the publication are untrue the law of defamation provides prohibition. |
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No defamation occurs until the defamatory matter is communicated to a third party. |
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Now that means that a very fundamental foundation stone to the law of defamation is in fact non-existent. |
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Twenty-six dioceses each had a consistory court with defamation cases providing about one quarter of their business. |
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I would be surprised if it were not insured for damages for libel or defamation anywhere in the world, and if it is not, then it should be. |
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Are defamation laws used to gag the discussion of matters of public interest? |
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First, I worried that my in-laws would sue me for defamation, and now I have to worry that some psychotic moron is going to plagiarize me? |
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Some were defamation cases, others sought reparation for the cost of delays and lost income. |
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Why, the defamation of our good names paints us as remorseless ghouls bent on world domination! |
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The law of defamation provides for the defences of fair comment and of qualified privilege in appropriate cases. |
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However, there is no special rule precluding liability in all cases of group or class defamation. |
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So in one sense there would be very few defamation cases where a defence of qualified privilege could be raised. |
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Such an approach, I hope, may go some modest distance to demythologise the law of defamation. |
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The Professor strongly suspects defamation lawyers will settle Marr 's hash. |
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Very often therefore truthful disclosures are bound to sound like defamation rather than objective exposure. |
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Lawyers acting for the actual Taj Mahal, in Delhi, are doubtless contemplating an action for defamation. |
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However, his Fianna Fail cabinet colleagues exacted it as the price for passing his much-needed defamation bill. |
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However since the tapes have now been declared unauthentic and fabricated, she has filed a defamation case against the tabloid. |
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Jane then sent the lawyer a thank-you note for helping her family avoid a defamation suit. |
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It is expensive to litigate in defamation, even in the smaller cases, let alone monster cases like this. |
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Despite the recommendations of the Faulks Committee, the law of defamation still distinguishes between libel and slander. |
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People have lost their jobs over derogatory remarks made in blogs, but can you be sued for libel or defamation? |
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Exemplary and aggravated damages in defamation cases are examples of what you say. |
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Many corporations are using defamation laws as a cheap and convenient way to silence their critics. |
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But that does not mean that all other inquiries are irrelevant on the issue of whether or not the defamation should be actionable. |
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But that necessarily follows from the theory that the defamation created a presumption of malice and the privilege then destroyed that malice. |
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It is not clear from the Privy Council report that even those remarks would not get a member into trouble in terms of a defamation case. |
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The laws also conflate defamation with other offences concerning public order and incitement of conflict. |
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Now, I'd never heard his name until the defamation trial began but wow! |
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If we are going to look at the spectrum, we should look at the whole spectrum, one of which is the relative inutility on many occasions of defamation act. |
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You've been tricked, the defamation of this cunning flower tricked you. |
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Baseball's guilt on the other hand, for defamation of character and sloppy science, is again irrefutable. |
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His lawsuit alleges defamation of character, invasion of privacy and intentional infliction of emotional distress. |
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On behalf of John Ruskin, I would like to sue Mike Leigh for defamation of character. |
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He sued the filmmakers for defamation of character and invasion of privacy and collected a substantial settlement. |
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Although Nigeria has laws against libel and defamation of character, Government rarely applies them against members of the media. |
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Liability of the principal shareholder and director of a company owner of a radio station for damages following defamation of character. |
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In cases of defamation or insult against individuals, legal action is taken only if the defamed or insulted person files a complaint. |
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It's also rare for a non-public figure to win a case involving defamation in fiction. |
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Reparation for defamation should instead be provided through civil law remedies. |
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Commonly recognised limitations relate to contempt of court, defamation, sedition and treasonable offences, decency and morality. |
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This has resulted in the use of trumped up charges ranging from terrorism, subversion and hooliganism to fraud, defamation and tax evasion. |
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We will not flinch from reactionary and misogynist defamation and vituperation levelled against us. |
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It punishes any defamation of a group of persons belonging to a particular ethnic community, region or religion. |
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The permissible limitations to freedom of expression are one of the main features of the discourse on defamation of religions. |
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In relation to defamation, the falsity of the statement and an appropriate degree of mental culpability are material elements. |
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In particular, the breadth of the torts of nuisance and defamation should permit control of most coercive picketing. |
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Google France and Mr. S., in his capacity as the managing editor, on charges of defamation. |
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At the same time, in some jurisdictions the law imposes unreasonably short time limits on parties to defamation cases. |
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The illegitimacy of the use of criminal defamation laws to maintain public order, or to protect other public interests, has already been noted. |
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Government authorities are now using disinformation and defamation laws to harass, intimidate, and even jail their critics. |
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Six Gambian journalists imprisoned for defamation and sedition were all released on Presidential pardon on Thursday. |
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In my view, hate propaganda causes harm by taking away from people their good name,much as defamation takes away an individual's good name. |
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Most legal systems recognise a cut-off date after which a plaintiff can no longer sue for a tort, including defamation. |
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They said Bulgaria should remove its laws on insult and defamation from the criminal code, and that editors should set up a self-regulating body for the media industry. |
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Brown has hired the defamation lawyer Mark O'Brien and is demanding a public apology, the ABC reported. |
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How are we going to manage defamation in the context of a globalised and dematerialised press? |
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Yet other countries have limited the impact of criminal defamation laws, for example by doing away with the possibility of imprisonment. |
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The other defence to a claim based on defamation is that the information was true. |
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However, the legal framework regarding libel and defamation by journalists needs to be revised. |
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Thus, defamation does not refer here to a misunderstanding, but rather to a deliberate falsehood. |
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Two previous defamation cases, including one filed against three human rights lawyers, are still pending with the courts. |
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We have the law of defamation, which regulates the content of speech, attaches penalties to speech. |
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The implications of electronic filing and electronic access on the tort of defamation should be considered. |
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This right is subject to the law of defamation and those laws protecting public order, safety and security. |
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These attacks have progressed to where Mr. Astley has commenced litigation against this shareholder for defamation. |
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In particular, two out of a possible four main defenses to a claim of defamation are relevant to screening. |
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Alan Shadrake was arrested for criminal defamation after he published a book critical of the country's use of the death penalty. |
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Recent law has determined that the commission as an organization cannot bring a libel action or a defamation action. |
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But defamation is a very blunt instrument and a two-edged sword. |
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In 2006 he was forced to declare bankruptcy after being successfully sued for defamation by two pap officials. |
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Among these are obscenity, defamation, fighting words, express incitement to unlawful conduct, and threats. |
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For an anti-defamation league to put out a blacklist is to imply that those blacklisted are in the business of defamation. |
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Many great defamation judgments have been written by Chancery judges. |
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But the problem is that American courts don't enforce Australian defamation judgements unless liability would also have arisen under American law. |
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She later sued Eminem for defamation over the violent song and the case was settled out of court. |
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One researcher, in defense of the animals, even sued Disney for defamation of character. |
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Their bizarre distance from reality, their twisted imputations of malignity, their excess, their luxuriance in defamation and falsehood, are obviously symptomatic. |
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Picketing which breaches the criminal law or one of the specific torts such as trespass, nuisance, intimidation, defamation or representation will be impermissible. |
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He added that the company could consider legal action against PETA for defamation of vail. |
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Protests and complaints about inaccuracies, unbalanced and unfair reporting, defamation and character assassinations, must be taken seriously and dealt with. |
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The complaints of alleged defamation are personal and political in nature. |
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Consequently, statements that merely express opinion are not actionable as defamation, no matter how offensive, vituperative or unreasonable they may be. |
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The Times's report quotes media lawyer Caroline Kean, as saying that the use of the DPA is undermining increased protections that publishers won last year through reform of the UK's defamation law. |
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On Thursday the European court of human rights rejected the complaint by Yevgeny Dzhugashvili, who had filed a defamation suit against Moscow's Novaya Gazeta newspaper. |
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During the year, AJI was involved in several cases to protect journalists accused of defamation, including the celebrated case of a Tempo journalist. |
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Exceptionally the court may sit with a jury, but in practice normally only in defamation cases or cases against the police. |
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Furthermore, a right to sue in defamation for the reputation of deceased persons could easily be abused and might prevent free and open debate about historical events. |
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This raises serious doubts as to whether criminal defamation laws, by nature a more heavy-handed instrument, are justifiable since, as noted above, the least intrusive effective restriction must always be preferred. |
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They are in Latin, though some items, such as indentures and direct quotations in cases of defamation, are in English. |
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A media law introduced in 1994 gives the Lebanese government the right to detain and impose fines on journalists found guilty of defamation and inciting strife. |
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Stockdale sued for defamation but Hansard's defence, that the statement was true, succeeded. |
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If those statements had been made outside of this chamber, I would have ample grounds to seek redress in the courts for libel, slander and defamation of character. |
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Mr. Pagones sued the advisers, claiming defamation of character. |
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Achakzai regretted how it has become easier for yellow journalists to get away with slander and defamation. |
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Is defamation of religion a human rights concern? |
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It was important to foster tolerance and to prevent the defamation of religions, which bred intolerance and distrust, and undermined social harmony. |
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Too often defamation cases mask political and economic powers' determination to retaliate against allegations of mismanagement or corruption, and to exert undue pressure on media independence. |
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Remove any legal ambiguities in relation to insult and defamation. |
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Such maliciousness and defamation must not be tolerated. |
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The European Court of Human Rights has already given valuable pointers to how to reconcile the two principles in the event of defamation proceedings. |
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Given the heated climate in the run-up to the French presidential elections in 2007, Sarkozy's UMP party denounced the song for defamation of character. |
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The report shall consider in particular non-contractual obligations arising out of violations of privacy and rights relating to personality, including defamation. |
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Later in 2003, Lara filed a countersuit accusing the teenager of extortion, defamation and malicious prosecution. |
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Another preoccupying trend is the attempt to replace defamation of individuals with the concept of defamation of common values, to be treated within the sphere of criminal law. |
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Although domestic legislation did not recognize the concept of defamation of religions, there was a long-standing unwritten rule to respect religious sensitivities, including in the media. |
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Disheartened about these degrading and bogus charges, media organizations in the continent have continued to advocate for the decriminalization of all defamation laws. |
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The amendments that had been made to the Press Code in 2002 only sought to counter the attempts at destabilization, defamation and division made by certain journalists and were in no case contrary to freedom of expression. |
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These laws often forbid truth as a defence in defamation cases, signalling that the reputation of public officials is deemed worthier of protection than the public's right to know. |
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He published the report without knowledge of the defamation case, he said. |
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Nor was the issue one of adopting a law on defamation of religion. |
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Neither the central government nor local authorities are permitted to sue anyone for defamation. |
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I believe it is not enough that imprisonment is excluded from the Criminal Code and that defamation as such should once for all be excluded from it. |
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In Mexico, legislation had recently been agreed by the senate and the lower house to change the legal code to decriminalise defamation and slander. |
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A major disincentive to an organization disclosing or publicizing negative information obtained through a screening process is the fear of a lawsuit for defamation. |
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Complaints about violations of religious liberty, freedom of conscience or the sanctity of holy places should be subject to careful examination and must never be an occasion for recrimination or defamation. |
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Where complete abolition of such laws is not practical or politically feasible, a number of interim measures can be taken to limit the negative impact of criminal defamation. |
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Stereotypes and defamation, humiliating and aggressive behaviour are not only manifest forms of extremism, but a differentia specifica for such, in fact, conservative movements. |
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Moreover, the Court, in the same decision, ruled in favor of Technip's counter-argument by finding that ITP had committed acts of defamation against Technip and by requiring that it pay damages. |
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If these allegations are false, the director could be sued by the builder for defamation and the director could be ordered to pay damages to the builder for the harm done to his reputation. |
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Boniface VIII's personal failings, however, can in no way exculpate Philip IV the Fair and his ministers, who used forgery, defamation, intimidation, and finally violence against the Pope. |
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The claim that a statement is false is central to a defamation suit and, as a result, it is fairest, and certainly least harmful to freedom of expression, for the plaintiff to bear the burden of proving this. |
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Then will cease the present attempts to hinder each other's work by comparison of methods and of techniques, by criticism and defamation, by warning and the cult of fear, and the insistence on exclusiveness. |
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Defend freedom of expression and cultural diversity, giving preference always to dialogue and listening without engaging in fanaticism, defamation and the rejection of others. |
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The minimum sentence for defamation is reduced in the new Code. |
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But does he understand that defamation includes publishing a comment, coupled with a damaging comment, coupled with a lack of a qualified privilege that this publication would not have, in distributing an untruth? |
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Making snide remarks about an employee is defamation of character. |
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Both are held by the Workers Partyy, but are in jeopardy if the party is declared insolvent as a result of a defamation award made against it a method used in the past to bludgeon opposition politicians. |
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I won't give you this consultant's name because I might get a defamation of character suit, but as far as I'm concerned, I could have done a better job, and I don't have a medical degree. |
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Regarding the defamation of religions, an issue widely discussed by all the special rapporteurs, a threshold was clearly crossed when it was associated with incitement to violence, discrimination or hatred. |
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For personal injury, defamation cases and in some landlord and tenant disputes the thresholds for each track have different values. |
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There are certain occasions on which the ability to speak freely, without fear of legal consequences, is so vital that statements made there should never lead to liability for defamation. |
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Many defamation laws around the world do not conform to this definition. |
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Where defamation is concerned, the persons defamed generally opt for the right of reply, in which case their reply will be published in the next issue of the newspaper alleged to have defamed them. |
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In deciding whether hyperlinking to defamatory material constitutes publishing the defamation, the judge analogized between hyperlinks and footnotes. Both direct the reader to further material from other sources. |
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The award-winning architect filed a lawsuit in Manhattan supreme court last week, accusing the highbrow magazine and its architecture critic, Martin Filler, of defamation. |
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The sultan of Oman has issued a pardon for about 50 bloggers and human rights activists who were recently sentenced to long jail terms on charges of defamation, cyber-crime or illegal assembly. |
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The court found that the registrar was exercising a judicial function in entering the name in the civil record book and on that basis held that he was immune from prosecution for defamation. |
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The Malaysian opposition leader, Anwar Ibrahim, has won a defamation suit against a government-linked newspaper publisher over an article that, he said, portrayed him as untrustworthy. |
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The most frequently prosecuted offence under this act is defamation, although in total eighteen offences, including high treason and espionage, are covered. |
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And now he has stirred another storm by preferring to be sent to judicial custody as he refused to furnish a bail bond in the Nitin Gadkari defamation case. |
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In civil cases juries are usually only used in cases of defamation. |
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Slander is spoken defamation and libel is printed or broadcast defamation. |
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For example, publishers may face charges of defamation, if they produce and distribute libelous material to the public, even if the libel was written by another person. |
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Mr Zerbib denies the accusations and intends to countersue for defamation. |
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