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A An Email Slating Someone Could I Be Sued If I Use"in My Opinion"
26 Answers
A few weeks ago I had a rather unfortunate meeting with someone in a group situation and I have serious questions regarding her suitability for the position she is in and her moral and ethical standing in her life. I wanted to send an email to every church in her area warning people against getting involved with her and listing her character traits in detail ie manipuation aggressive mental health issues? If I do this but put several times in the email beside the things I am questioning IN MY OPINION can I be sued? Ive no money anyway £4000 in debt!! However I feel really strongly about this and I need to take this action to get it out of my system. Is everyone entitled to their opinion and is it illegal to express it in somecases I always thought that libel or slander was such if you said somebody was something but not if you think someone is?
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She has done the same to me but it is a not revenge thing. I am not wrong about what she is doing and the way she is doing it if she is not stopped she could cause real damage to someone mentally or emotionally so I have a duty to do this but I just dont want to get sued. As far as causing hurt is concerned I dont think she would be hurt she has no feelings!! that was evident at the meeting so back to the original question could I be sued for saying in my opinion
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From this articlehttp://www.out-law.com/articles/2013/april/defamation-act-becomes-law-establishes-new-statutory-defences-against-libel-/
The authors of defamatory comments can avoid becoming liable for damages if they can show "that the imputation conveyed by the statement complained of is substantially true" or, if the comments took the form of an opinion, that the opinion is one which "an honest person could have held the basis of any fact which existed at the time the statement complained of was published; anything asserted to be a fact in a privileged statement published before the statement complained of".
If there is any evidence that the statements are malicious in any way then you could have a problem.
The authors of defamatory comments can avoid becoming liable for damages if they can show "that the imputation conveyed by the statement complained of is substantially true" or, if the comments took the form of an opinion, that the opinion is one which "an honest person could have held the basis of any fact which existed at the time the statement complained of was published; anything asserted to be a fact in a privileged statement published before the statement complained of".
If there is any evidence that the statements are malicious in any way then you could have a problem.
So long as it is the truth - yeah you cant be sued.
So, stick the the facts in the unfortunate meeting ( after all there were witnesses ) and then in your opinion, you conclude these things make her unsuitable for whatever.
If you are £4k in debt - then you are known as "a man of straw" and not worth suing in the first place
and finally, defamation which what this allegedly could be - isnt or wasnt legally aided.
Try to keep away from 'I thought she was but she wasnt...'
and stick to 'what happened was .... '
Remember that if she comes up for a position/involvement in another church it is only fair for the pastor to say to her - " we have had these allegations, wodger say ? " I for example would be loudly unhappy if decisions were made about me with an email that I hadnt been allowed to answer but that of course is a completely different question
what is wrong with:
at this meeting it ws obvious that she had mental health issues
and it is clear I M O that these have to be sorted before she undertakes any long-term commitment for Church of the Saviour etc.
Perhaps you should discuss this with the head of your local church....
Depending on what she is saying .... if she is saying that St Gabriel has appeared to her saying s+x is OK with five year olds - then you have to act.
If however you are a wee free.... Lord Mackay had to answer to a synod that he had attended a Roman Catholic service - to wit the funeral of another judge. This was very bad to the wee frees but looked OK to us Romans.....
Perhaps discussing it with another church member is a decent first step
So, stick the the facts in the unfortunate meeting ( after all there were witnesses ) and then in your opinion, you conclude these things make her unsuitable for whatever.
If you are £4k in debt - then you are known as "a man of straw" and not worth suing in the first place
and finally, defamation which what this allegedly could be - isnt or wasnt legally aided.
Try to keep away from 'I thought she was but she wasnt...'
and stick to 'what happened was .... '
Remember that if she comes up for a position/involvement in another church it is only fair for the pastor to say to her - " we have had these allegations, wodger say ? " I for example would be loudly unhappy if decisions were made about me with an email that I hadnt been allowed to answer but that of course is a completely different question
what is wrong with:
at this meeting it ws obvious that she had mental health issues
and it is clear I M O that these have to be sorted before she undertakes any long-term commitment for Church of the Saviour etc.
Perhaps you should discuss this with the head of your local church....
Depending on what she is saying .... if she is saying that St Gabriel has appeared to her saying s+x is OK with five year olds - then you have to act.
If however you are a wee free.... Lord Mackay had to answer to a synod that he had attended a Roman Catholic service - to wit the funeral of another judge. This was very bad to the wee frees but looked OK to us Romans.....
Perhaps discussing it with another church member is a decent first step
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By far the safest thing to do would be to mind your own business. However, if you feel she is likely to do harm to other people, the only thing you can do is to invite anyone thinking of appointing her to telephone you.
But I have to warn you that even in a telephone call you must not attack her morals. Every woman is entitled to her reputation, and if you make accusations against a woman's morality, you could have to prove it in court. And that would bankrupt you.
So be very careful. Imagine that any such telephone call might be recorded. Also imagine what opinion of you might result from such a call. You might well come over as vindictive.
But I have to warn you that even in a telephone call you must not attack her morals. Every woman is entitled to her reputation, and if you make accusations against a woman's morality, you could have to prove it in court. And that would bankrupt you.
So be very careful. Imagine that any such telephone call might be recorded. Also imagine what opinion of you might result from such a call. You might well come over as vindictive.
-- answer removed --
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