If You Had A Twin, But Didn't Realise...
Family Life19 mins ago
Libel
I'd like some advice on a situation. I probably won't take it any further but i'd like to put the fear of god up him.
I post on a football forum and as an "off topic", we were discussing the most rewarding moment we've had from our kids.
I replied "every time my 8 year old daughter tells me that she loves me"
To which some smart ar$e relied "you NONSE"
Now i don't mind being called a lot of things but a paedophille is not one of them. I considder this to be a total blot on my charachter and i really ain't happy.
Is there any course of action i can take....i will certainly be reporting him to the forum admin but i'd like a bit of legal jargon to fire at him and the forum admin.
Many thanks in advance
I post on a football forum and as an "off topic", we were discussing the most rewarding moment we've had from our kids.
I replied "every time my 8 year old daughter tells me that she loves me"
To which some smart ar$e relied "you NONSE"
Now i don't mind being called a lot of things but a paedophille is not one of them. I considder this to be a total blot on my charachter and i really ain't happy.
Is there any course of action i can take....i will certainly be reporting him to the forum admin but i'd like a bit of legal jargon to fire at him and the forum admin.
Many thanks in advance
Answers
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You wouldn't get anywhere with an action for libel because the comment would be unlikely to lower your esteem in the eyes of others. (i.e. no sensible person would attribute any credence to it. Such a comment would be far more likely to prove to others what an utter prat the poster is).
However, if you want some suitable terms to threaten him with, try something like this:
"I would draw your attention to the provisions of the Libel Act 1843 (as amended by the Law of Libel Amendment Act 1888 and subsequent legislation, including the Defamation Act 1996) and the Defamation Act 1952 (as amended and supplemented by the Defamation Act 1996). Should no offer to make amends for your scurrilous allegation be made (in accordance with the provisions of Section 2 of the Defamation Act 1996), it is my intention to seek civil damages from you through court action".
It's all utterly meaningless (except that the legislation quoted does exist) because:
(a) you can't sue somebody if you don't know who he is ;
(b) any action would fail for the reason stated above ; and
(c) you can't get legal aid for a libel action. Your doomed action could cost you 'tens of thousands' (or possibly 'hundreds of thousands').
But it's what you asked for ;-)
Chris
However, if you want some suitable terms to threaten him with, try something like this:
"I would draw your attention to the provisions of the Libel Act 1843 (as amended by the Law of Libel Amendment Act 1888 and subsequent legislation, including the Defamation Act 1996) and the Defamation Act 1952 (as amended and supplemented by the Defamation Act 1996). Should no offer to make amends for your scurrilous allegation be made (in accordance with the provisions of Section 2 of the Defamation Act 1996), it is my intention to seek civil damages from you through court action".
It's all utterly meaningless (except that the legislation quoted does exist) because:
(a) you can't sue somebody if you don't know who he is ;
(b) any action would fail for the reason stated above ; and
(c) you can't get legal aid for a libel action. Your doomed action could cost you 'tens of thousands' (or possibly 'hundreds of thousands').
But it's what you asked for ;-)
Chris
Chris, Hammerman may not know who this person is because he is hiding behind a psuedonym, but the forum itself will certainly have some details and could be relied up to supply them. Furthermore - I am totally against this, I should say; it's like suing BT because it was their wires down which someone you were on the phone to called you a c___ - you could seek to have the forum done because they are the publisher of the offending statements (See Mumsnet vs Gina Ford for an example of this (ludicrous) behaviour. However, they might see fit to remove such posts as a result of your complaint.
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