by ferrarilover » 23 Nov 2010, 19:26
Feel free to ignore this, it is merely an opportunity for me to waste some time researching stuff which I don't need to know...
From Halsbury's
"The essence of a defamatory statement is its tendency to injure the reputation of another person. There is no complete or comprehensive definition of what constitutes a defamatory statement, since the word 'defamatory' is nowhere precisely defined. Generally speaking, a statement is defamatory of the person of whom it is published if it tends to lower him in the estimation of right thinking members of society generally or if it exposes him to public hatred, contempt or ridicule or if it causes him to be shunned or avoided.
A person's reputation is not confined to his general character and standing but extends to his trade, business or profession, and words will be defamatory if they impute lack of qualification, knowledge, skill, capacity, judgment or efficiency in the conduct of his trade, business or professional activity"
In this case, the word 'crap' would have its ordinary meaning. Were you (BernardB) to describe a referee as crap, the reasonable person (the chap on the Clapham omnibus) would infer from that a lack of skill, capacity or judgement. So while you have not attacked in any specific way the ability of a particular referee, by describing him as 'crap' you have injured his repuation, thus, causing defamation.
Sorry guys, you're going to be getting lots of this, we have a programme available to us called Lexis and it is a bit of a pig to use, so I'm finding excuses to practice wherever I can. They're getting just as much of it on the Focusstoc forum too.
On the actual subject at hand, there are one or two forums for other clubs where their matchday threadstarter (their NickGull, if you will) will post up the name of the referee and give some basic details about his history with the club and his league statistics, so they must be published somewhere.
Maybe this is something else which Nick could add to his threads, unless it is felt by the majority that this is a step too far?
Matt.
Drummond-Jackson v British Medical Association [1970] 1 All ER 1094 at 1104
Feel free to ignore this, it is merely an opportunity for me to waste some time researching stuff which I don't need to know...
From Halsbury's
[i]"The essence of a defamatory statement is its tendency to injure the reputation of another person. There is no complete or comprehensive definition of what constitutes a defamatory statement, since the word 'defamatory' is nowhere precisely defined. Generally speaking, a statement is defamatory of the person of whom it is published if it tends to lower him in the estimation of right thinking members of society generally or if it exposes him to public hatred, contempt or ridicule or if it causes him to be shunned or avoided.
[color=#FF0000]
A person's reputation is not confined to his general character and standing but extends to his trade, business or profession, and words will be defamatory if they impute lack of qualification, knowledge, skill, capacity, judgment or efficiency in the conduct of his trade, business or professional activity[/color]"[/i]
In this case, the word 'crap' would have its ordinary meaning. Were you (BernardB) to describe a referee as crap, the reasonable person (the chap on the Clapham omnibus) would infer from that a lack of skill, capacity or judgement. So while you have not attacked in any specific way the ability of a particular referee, by describing him as 'crap' you have injured his repuation, thus, causing defamation.
Sorry guys, you're going to be getting lots of this, we have a programme available to us called Lexis and it is a bit of a pig to use, so I'm finding excuses to practice wherever I can. They're getting just as much of it on the Focusstoc forum too.
On the actual subject at hand, there are one or two forums for other clubs where their matchday threadstarter (their NickGull, if you will) will post up the name of the referee and give some basic details about his history with the club and his league statistics, so they must be published somewhere.
Maybe this is something else which Nick could add to his threads, unless it is felt by the majority that this is a step too far?
Matt.
[color=#FF0000]Drummond-Jackson v British Medical Association [1970] 1 All ER 1094 at 1104[/color]