McCanns appeal to the European Court of Human Rights

[Mr Gray]

What you have to prove is that what he said was libellous. Something which the McCanns and their lawyers failed to prove. You believe it's true and that the Portuguese courts couldn't see that it was true, but that doesn't mean it is true, it's still just your opinion.

If you read the SC judgement it talks about the balance between the right to a good name and freedom of expression. The SC decided that freedom of expression was more important than the McCanns right to reputation which clearly to me is accepting amarals book affected the McCanns reputation and was therefore defamatory

[Venturi Swirl]

What you have to prove is that what he said was libellous. Something which the McCanns and their lawyers failed to prove. You believe it's true and that the Portuguese courts couldn't see that it was true, but that doesn't mean it is true, it's still just your opinion.

In a just system, the onus should be on the libeller to prove their claims are true, not on the libelled to prove that they have not committed the acts for which the libeller has accused them. 

[Venturi Swirl]

First read your own post.. It seems to confirm what I have said. I can recall one particular case where a journalist criticised  a judge.. SC ruled in the judges favour.. ECHR in the journalists favour. I'm not going to find it at the moment and that's why I worded my post so that a cite wasn't necessary

For future reference just preface any post with "From what I remember" and no cite is needed.

[Mr Gray]

Do you have examples showing that Portugal has been criticised only for putting judges and the establishment first?

Wasn't hard to find..



https://ipi.media/qa-portuguese-journalist-on-strasbourg-victory-in-defamation-case/

And interferesting..........

, I was realistic, knowing that the power of the judge I had criticised would probably lead to my losing the case in Portugal and, later, to my winning the case at the European Court of Human Rights. That’s the way things are in my country, unfortunately.

[Eleanor]

What you have to prove is that what he said was libellous. Something which the McCanns and their lawyers failed to prove. You believe it's true and that the Portuguese courts couldn't see that it was true, but that doesn't mean it is true, it's still just your opinion.

This comment is just playing at Semantics.  I don't have to prove anything.

[Eleanor]

In a just system, the onus should be on the libeller to prove their claims are true, not on the libelled to prove that they have not committed the acts for which the libeller has accused them.

Absolutely Correct.

[G-Unit]

In a just system, the onus should be on the libeller to prove their claims are true, not on the libelled to prove that they have not committed the acts for which the libeller has accused them.

My point is that as Amaral was found not guilty of libelling the McCanns by the highest court in Portugal it cannot be stated here as a fact that he did libel the McCanns.

[Mr Gray]

My point is that as Amaral was found not guilty of libelling the McCanns by the highest court in Portugal it cannot be stated here as a fact that he did libel the McCanns.

Cite for where the SC said not guilty of libel... I think you are totally misguided and mistaken. The SC admitted amarals claims damaged the McCanns reputation... That's defamation accepted

[Venturi Swirl]

My point is that as Amaral was found not guilty of libelling the McCanns by the highest court in Portugal it cannot be stated here as a fact that he did libel the McCanns.

Please provide a cite

[Eleanor]

My point is that as Amaral was found not guilty of libelling the McCanns by the highest court in Portugal it cannot be stated here as a fact that he did libel the McCanns.

Amaral was not found "Not Guilty" of Libelling The McCanns.  Unless you can provide a Cite, of course.

[Brietta]

My point is that as Amaral was found not guilty of libelling the McCanns by the highest court in Portugal it cannot be stated here as a fact that he did libel the McCanns.

Then there will be no problem for Amaral in finding a British publisher to progress his writing career in Britain where he apparently has a following for his literary work.

[The General]

Then there will be no problem for Amaral in finding a British publisher to progress his writing career in Britain where he apparently has a following for his literary work.

Book signing tour, audiobook, Kindle, podcasts, YouTube, I'm a Celebrity......kkeeerrchhing.

[Mr Gray]

Book signing tour, audiobook, Kindle, podcasts, YouTube, I'm a Celebrity......kkeeerrchhing.

And Dancing on thin Ice

[The General]

And Dancing on thin Ice

I'm sure they use a regulation ice rink with 3/4" being the nominal thickness, over a reinforced concrete slab.
I doubt it though, as he may never have even seen an ice rink.

[Eleanor]

Then there will be no problem for Amaral in finding a British publisher to progress his writing career in Britain where he apparently has a following for his literary work.

Amaral might run into a bit of trouble on that front.  In fact he already has from what I've heard.