Victorious Maddie McCann detective writing new book on her disappearance

[jassi]

#the book would be libellous in the USA

the Irish constitution is different because its a different countries... i take it you havent checked the libel laws there
I would be very surprised if it wasnt libellous in Ireland

So you don't know either.

Each case would need to be fought separately - potentially costly

[Mr Gray]

English libel laws changed in 2013/2014.
They were/are considered to be more in keeping with a Third World country than a civilised one which is why a libel judgement in an  English court will not be upheld in the USA unless it is libel according to that State's laws.
Cue davel or ferryman saying "libel per se" without knowing what it really means.....

Defamation per se[edit]
All states except Arizona, Missouri, and Tennessee recognize that some categories of false statements are so innately harmful that they are considered to be defamatory per se. In the common law tradition, damages for such false statements are presumed and do not have to be proven.

Statements are defamatory per se where they falsely impute to the plaintiff one or more of the following things:[2]

Allegations or imputations "injurious to another in their trade, business, or profession"
Allegations or imputations "of loathsome disease" (historically leprosy and sexually transmitted disease, now also including mental illness)
Allegations or imputations of "unchastity" (usually only in unmarried people and sometimes only in women)
Allegations or imputations of criminal activity (sometimes only crimes of moral turpitude)[12]


[13]


there you are

[ferryman]

English libel laws changed in 2013/2014.
They were/are considered to be more in keeping with a Third World country than a civilised one which is why a libel judgement in an  English court will not be upheld in the USA unless it is libel according to that State's laws.
Cue davel or ferryman saying "libel per se" without knowing what it really means.....

Per se, Latin for by its very nature.

In England, Amaral's book would have been blown out of the water.

Scotland or the Irish Republic, the same.

Of course, Northern Ireland is under the same jurisdiction as England.

[Mr Gray]

So you don't know either.

Each case would need to be fought separately - potentially costly

I do know but i dont make claims unless im sure unlike others on this board...

http://www.lawyer.ie/defamation/

looks exactly the same as the UK

[jassi]

Defamation per se[edit]
All states except Arizona, Missouri, and Tennessee recognize that some categories of false statements are so innately harmful that they are considered to be defamatory per se. In the common law tradition, damages for such false statements are presumed and do not have to be proven.

Statements are defamatory per se where they falsely impute to the plaintiff one or more of the following things:[2]

Allegations or imputations "injurious to another in their trade, business, or profession"
Allegations or imputations "of loathsome disease" (historically leprosy and sexually transmitted disease, now also including mental illness)
Allegations or imputations of "unchastity" (usually only in unmarried people and sometimes only in women)
Allegations or imputations of criminal activity (sometimes only crimes of moral turpitude)[12]


[13]


there you are

I guess it would all come down to who was able to prove what.

In the case of USA, would a ruling in one State apply in all others or would they need to be dealt with separately?

[Mr Gray]

amaral has had 9 years to publish inn the US and Ireland he hasnt....

[Mr Gray]

I guess it would all come down to who was able to prove what.

In the case of USA, would a ruling in one State apply in all others or would they need to be dealt with separately?

like the UK in most american states amaral would have to prove what he is saying is true....he cant

[Mr Gray]

It looks likeportugal is out of step with most of the civilised world

[ferryman]

I do know but i dont make claims unless im sure unlike others on this board...

http://www.lawyer.ie/defamation/

looks exactly the same as the UK

This right shall include freedom to hold opinions and to receive and impart information and ideas, without interference by public authority and regardless of frontiers.”

There is (almost!) nothing by way of information in Amaral's book.

[jassi]

like the UK in most american states amaral would have to prove what he is saying is true....he cant

Agreed, though that would be for a court to decide.

As I have read elsewhere, a few tweaks here and there and his book might pass through the courts unscathed.

[John]

I wonder if it is significant that he is in Switzerland with its super strict secrecy rules in relation to bank accounts and company registrations?

[Brietta]

I wonder if it is significant that he is in Switzerland with its super strict secrecy rules in relation to bank accounts and company registrations?

Opening a new one or arranging transfer to his existing one?

[Brietta]

Amaral's career as an author hasn't really put his name in lights, has it?

He has actually written more books than the one ... but who remembers what?  I can remember "The English Gag"??  Anyone read that? ... apart from the high court judges.

The sensationalism of the time and his former position as 'top cop' led in great measure to the success of his first book.

Flying by the seat of your pants wears thin if your anecdotal claims don't stand up to scrutiny ... which might be a consideration for a writer of allegedly non-fiction.

[faithlilly]

Amaral's career as an author hasn't really put his name in lights, has it?

He has actually written more books than the one ... but who remembers what?  I can remember "The English Gag"??  Anyone read that? ... apart from the high court judges.

The sensationalism of the time and his former position as 'top cop' led in great measure to the success of his first book.

Flying by the seat of your pants wears thin if your anecdotal claims don't stand up to scrutiny ... which might be a consideration for a writer of allegedly non-fiction.

The sensationalism of the time and her position as the mother of a missing child in great measure to the success of her first book.

Do you really think if the public didn't have a purient interest in the case Kate's tome would have sold as many copies as it did ? Do you really think she'd have made it as a writer under her own steam?

[jassi]

I saw one in a charity shop for 10p, so doesn't look as if much value is put on it. Followers probably have signed copies which might be worth marginally more.