facebook closed groups

[iloveglee]

Can a comment made on a facebook closed group, about someone who is not a member of the group and therefore should not be able to see it, be deemed defamatory. Is the fact that this person is 'spying' on the group via someone who is a member relevant.

[boxtops]

I would have thought so - it's in a published forum, albeit to a closed group.

[tonywiltshire]

Defamation is the publication of an untrue statement about a person that tends to lower his reputation in the opinion of right thinking people. In English law a distinction is made between defamation in a permanent form (libel) or non-permanent form (slander), it must be proved that the statement was communicated to someone other than the person defamed.
Defences, amonst others, can be fair comment, justification or absolute or qualified privilege. If you are considering action I would recommend you first speak to a local solicitor.

[Peter Pedant]

TW scores ten out of ten again....

BUT libel cases are very expensive to bank roll and so it turns out to be a rich man's game - nor are they legally aided.

You can't libel a dead man and that is the main difference between J Savile and Lord Mac A. The deal that Lord Mac A got may make you think that libel is a money spinner - but it aint



Do something else - as a past time, Geo Carman's biog by his son has recently been remaindered and at a cut price is worth a read. It details all the things that libel lawyers - paragons of birtue I stress - get up to to win the case for their clients.

Not winning or losing we law students might say is v v expensive. My contemporary at skool Nigel West won a string of small cases in libel and then lost a mega-one by lying to the judge and look wht happened to him ! oo-ee !

http://www.dailymail.co.uk/news/article-2038193/Spy-writer-West-left-cold--.html

[tonywiltshire]

Thank you PP, as you know many people talk about taking action for defamation but very few normal people (if such a class of people exist) seem to carry it through, the possible cost probably has something to do with this. For this reason I suggest they first speak to a local Solicitor, who will hopefully mention the cost to continue and the possible dubious outcome.

[iloveglee]

thanks for this. the person who is threatening legal action is not a normal person and would not be using his own money to pursue this. he has access to an organisation's money and would not hesitate to use it. the demanded apology has to be done methinks. at least the same small group of people who see it will know that it was made 'under duress' and not because i am really sorry.

[lankeela]

Was it not true then? If it was true and can be proved then tell them to bring it on. If it was not true then the apology is indeed warranted.

[iloveglee]

it is almost certainly true, as there is no other explanation. unfortunately i cannot prove it

[pizza]

Surprising what people can see or not see on f/b and for some reason a lot of people choose to live their lives through it. you want to re read your post "spying" and member relevant and then look at your life |!!!