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oopsydoopsy | 06:04 Sat 04th Oct 2008 | Law
9 Answers
Can someone get an article published in a paper when they suspect another person to be lying about something?
Can they publish names?
Would the newspaper need to approach the other party to advise them about the article, if it could be published?
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.....the alleger would have no substantial evidence about the alleged....purely gut feeling by the way........so would that be libelous or defamatory?
A person can say anything at all about anybody provided they believe it to be true and the onus is on the subject of the statement to prove the author knew it was false.

So technically the paper can publish such an article, although why they'd want to I can't imagine.

What has happened, is happening?
No Ethel, in English law it would be down to the author of the libel to prove the statement to be truthful.
They only have to say they believed it to be true, corbyloon
Sorry, Corbyloon - the onus is on the defence, but believing the statement to be true is a valid defence.
Believing something to be true is a defence, however for that to succeed the defence has to prove

Justification
The defence of justification, or truth, is a complete defence to a libel action. The onus is on the defendant to prove that the allegations are true.

Whilst the defendant does not, necessarily, have to prove the truth of each and every fact, he does have to prove the truth of the substance of the allegation.

Fair comment
Expressions of opinion, based upon true facts, made in good faith and without malice on a matter of public interest may be protected. There is a distinction between fact and opinion.

The facts must be proved to be true and the opinion, the subject of the fair comment defence, must be honest. Therefore the facts upon which the comment is based must be correct. It does not matter if the view expressed is extreme, so long as it is an honestly held view and not malicious. Malice may be established if it can be proven that the commentator did not genuinely hold the view he expressed.

I can't see a newspaper getting involved unless it's of major public interest. and you ahd evidence. So if you have good evidence that the local MP or chief of police has lied and the public needs to know then they may be interested. If on the other hand you are saying your next door neighbour has lied by telling other neighbours you take drugs I don't think the press would be interested.
Can you tell us more?
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Thank you for your answers....I really appreciate them.
I cant really enlarge on my question, all I can say is that it is against me. Its a really personal issue. I left my employment a couple of years ago as result of text and e mail harrassment and then an uninvited visit to my house by the allegator (alligator?!).
Stupidly, I confided in her about something very personal from my past - but only a very small part.
This person, who alleges that she has been through similar yet very different issues to me, has now told everyone in my former place of employment that I lied and that she is about to publish something in the paper .
God, there is so much more to this story that I cannot disclose . I took a grievance out initially but i was SO ill with thigs that I didnt pursue it....well i tried but time limit for grievances had expired, Stupid of me , I know.
BUT I did go through my work union who examined my entire past...personal , medical, psychological......and I eventually received a written apology from my ex employers (for whom she still works).
I am just petrified that this person is going to use my name.
I live in a very small city with a horrendous profile of gossip. Nightmare.
All I can say is that I am not lying, woudnt lie, couldnt lie. I am a carer. She manipulated me to disclose. God, how I regret
The newspaper would have to be satisfied there was enough evidence to justify the risk of a libel action. Unless you are well-known or were in a former position of power or influence, I doubt the newspaper would be the least bit interested, so I'd not worry about it.

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