Re: [epub] Publishing name of abuser is morally right/legally dumb

[Elena Fawkner <elena@xxxxxxxxxxx>]

At 07:06 AM 6/17/00, Cantu wrote:
>But as the lawyer has pointed out, US laws are NOT
>designed for the wronged, US laws are designed for
>lawyers to make money. (US Law are written politicans
>of whom the vast majority are lawyers - and ruled on
>by judges who are lawyers...)
>
>Tis a pity - because of the US legal system one has to
>refrain from one's human instinct to warm others of
>possible danger - but the lawyer is right. Try to help
>a fellow human and some lawyer will make your life a
>living hell.

And let's not forget that the internet is an international
medium.  It's not only US laws you need to worry about.
I'm in Australia, for example, and I can assure you that
the courts here and in Canada and the UK (among many
others) will not be slow to entertain defamation proceedings
wherever the act of defamation occurs so long as the
allegedly defamed person can establish their reputation
in that country has been damaged.

This list presumably has readers from all over the world.  If
Sandy were to publish the offender's name, this person's
reputation will be damaged in all of those countries (rightly
or wrongly).  This gives the offender the opportunity to
"forum shop", to shop for the legal forum that will yield the
best remedy.

In Australia, for example, we don't have a "free speech"
defence so for a defamed person, Australia may be a good
forum for a lawsuit.

The only truly safe defence (for present purposes) is the truth.
And, as we all know, the truth does not always present itself
in black and white terms anyway.  There are always two
sides to every story.  Who will be believed on the day is what
it comes down to.  And even if you win, you lose.  You've
just spent a fortune on your defence both in terms of money
and time.  It's just not worth taking the chance.

Elena



Elena Fawkner
Editor, A Home-Based Business Online ... practical home
business ideas, resources and strategies for the work-from-home
entrepreneur.  Subscribe at http://www.fawkner.com/subscribe.html



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