Speech Torts
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Defamation and being careful about what you say online
Transcript of Speech Torts
- 1.
- 2.
- 3. How to Avoid Being Sued for What You Put on the Internet FERGUS O'ROURKE Barrister-at-law www.twitter.com/ubfid www.irish-lawyer.com (Not just law stuff)
- 4. In Your Dreams ... People should be allowed to say what they like about whoever they like, whether or not they can prove it, and whether or not they're right. ( Bryan Caplan ) Sticks and stones may break my bones, but words will never hurt me ( Anon .)
- 5. Reality is Different
- A word once uttered can never be recalled.( Horace )
- A slip of the foot you may soon recover, but a slip of the tongue you may never get over.( Benjamin Franklin)
- 6. Speech Torts
- Defamation (slander+libel)
- Injurious falsehood
- Miscellaneous e.g . interference with contractual relationships
- 7. Defamation
- defamatory statement means a statement that tends to injure a persons reputation in the eyes of reasonable members of society
- (Defamation Act 2009)
- 8. Injurious Falsehood
- ... involves the making of statements which are untrue...[and]... the falsehood causes harm; harm of a kind which is intended, or, of a kind which is the natural and probable consequence of the making of the false statements.
- 9. Bad News
- It is impossible to guarantee to you that you will avoid
- ever being sued for internet defamation
- 10. Worse News
- There is no way to guarantee that you can avoid
- litigation of any kind
- 11. Good News 1
- You can drastically reduce your risks by
- avoiding malice
- ... never speaking ill
- pausing before publishing
- ... only asserting what you can prove
- even better, stating opinion not claiming fact
- This is, to some extent, a counsel of perfection i.e. youd have to be perfect to bring it off
- 12. Good News 2
- Even if you err, it need not be a disaster:
- Withdraw
- Apologise
- 13. Third-Party Statements
- Counsel of Perfection: don't ever publish !
- Get your own advice if it's a biggie for you
- Otherwise, take reasonable care
- Be sure you have no reason to believe it's tortious
- 14. Summary
- Whereof o ne cannot speak, thereof one must be silent ( Ludwig Wittgenstein )
- "Honey, if you don't have anything nice to say, don't say anything at all."
- Awareness is more than half the battle
- Be good :-)
- Do you want to get sued? I didn't think so
- 15. Some Sources
- Defamation Act, 2009
- http://www.oireachtas.ie/documents/bills28/acts/2009/a3109.pdf
- Eoin O'Dell
- http://www.cearta.ie/
- Adrianos Facchetti http://www.defamationlawblog.com/
- Evan Brown
- http://blog.internetcases.com/