Author Topic: Were the media wrong to settle defamation actions out of court?  (Read 92322 times)

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Offline jassi

Re: Were the media wrong to settle defamation actions out of court?
« Reply #285 on: July 31, 2018, 07:29:21 PM »
Cite please.

No , you'll have to google if you don't believe me
I believe everything. And l believe nothing.
I suspect everyone. And l suspect no one.
I gather the facts, examine the clues... and before   you know it, the case is solved!"

Or maybe not -

OG have been pushed out by the Germans who have reserved all the deck chairs for the foreseeable future

Offline Robittybob1

Re: Were the media wrong to settle defamation actions out of court?
« Reply #286 on: July 31, 2018, 07:31:40 PM »
No , you'll have to google if you don't believe me
Have you proven your claim via a similar Google search or are you just guessing?

libel
noun
1.
LAW
a published false statement that is damaging to a person's reputation; a written defamation
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Offline jassi

Re: Were the media wrong to settle defamation actions out of court?
« Reply #287 on: July 31, 2018, 07:41:33 PM »
Have you proven your claim via a similar Google search or are you just guessing?

libel
noun
1.
LAW
a published false statement that is damaging to a person's reputation; a written defamation

Yes but it is how different countries determine what is meant by that
https://www.telegraph.co.uk/news/uknews/law-and-order/7939997/Celebrities-use-British-laws-regarded-as-toughest-in-the-world.html
I believe everything. And l believe nothing.
I suspect everyone. And l suspect no one.
I gather the facts, examine the clues... and before   you know it, the case is solved!"

Or maybe not -

OG have been pushed out by the Germans who have reserved all the deck chairs for the foreseeable future

Offline Robittybob1

Re: Were the media wrong to settle defamation actions out of court?
« Reply #288 on: July 31, 2018, 07:44:27 PM »
What did you mean by “under Portuguese law they didn’t”?
http://miscarriageofjustice.co/index.php?topic=9827.msg476364#msg476364

It really should have been “under Portuguese law he didn’t”.  He (GA) ended up being allowed to because of his right to free speech exceeded the McCann's right to a good name.
Moderation
John has instructed all moderators to take a very strong line with posters who constantly breach the rules of this forum.  This sniping, goading, name calling and other various forms of disruption will cease.

Offline Alice Purjorick

Re: Were the media wrong to settle defamation actions out of court?
« Reply #289 on: July 31, 2018, 07:50:50 PM »
Have you proven your claim via a similar Google search or are you just guessing?

libel
noun
1.
LAW
a published false statement that is damaging to a person's reputation; a written defamation

Some LBTR
http://kellywarnerlaw.com/germany-defamation-laws/
https://www.npr.org/sections/parallels/2015/03/21/394273902/on-libel-and-the-law-u-s-and-u-k-go-separate-ways?t=1533062602410
http://kellywarnerlaw.com/france-defamation-laws/
http://kellywarnerlaw.com/uk-defamation-laws/

Plenty more where that came from.
"Navigating the difference between weird but normal grief and truly suspicious behaviour is the key for any detective worth his salt.". ….Sarah Bailey

Offline G-Unit

Re: Were the media wrong to settle defamation actions out of court?
« Reply #290 on: July 31, 2018, 07:52:08 PM »
so where is Duarte;s argument...in the request to overturn the SC judgement ....the argument was that the McCanns should benefit from the presumption of innocence.....its there in the original portugues.....the Sc said no

Why do you, over and over and over, miss out the important bit?

The argument was that the McCanns were entitled to the presumption of innocence BECAUSE THEY HAD BEEN CLEARED BY THE ARCHIVING DISPATCH.

In other words; because they were cleared they were entitled to be presumed innocent. But! If they weren't cleared the argument falls down.
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Offline Robittybob1

Re: Were the media wrong to settle defamation actions out of court?
« Reply #291 on: July 31, 2018, 07:54:16 PM »
Yes but it is how different countries determine what is meant by that
https://www.telegraph.co.uk/news/uknews/law-and-order/7939997/Celebrities-use-British-laws-regarded-as-toughest-in-the-world.html
Once again it is the balance between free speech and private life. 
From the link:
"However, lawyers said the US courts would never have granted such an order. Critics claim that the rich and famous are using the injunctions frequently to curb freedom of speech."

Still whatever is said has to be the truth. 
Moderation
John has instructed all moderators to take a very strong line with posters who constantly breach the rules of this forum.  This sniping, goading, name calling and other various forms of disruption will cease.

Offline jassi

Re: Were the media wrong to settle defamation actions out of court?
« Reply #292 on: July 31, 2018, 07:58:06 PM »
Once again it is the balance between free speech and private life. 
From the link:
"However, lawyers said the US courts would never have granted such an order. Critics claim that the rich and famous are using the injunctions frequently to curb freedom of speech."

Still whatever is said has to be the truth.

Or at least believed to be the truth at the time  - see Jeffrey Archer.

https://www.telegraph.co.uk/news/uknews/1334653/The-end-Archer-goes-to-jail.html
« Last Edit: July 31, 2018, 08:05:45 PM by jassi »
I believe everything. And l believe nothing.
I suspect everyone. And l suspect no one.
I gather the facts, examine the clues... and before   you know it, the case is solved!"

Or maybe not -

OG have been pushed out by the Germans who have reserved all the deck chairs for the foreseeable future

Offline Mr Gray

Re: Were the media wrong to settle defamation actions out of court?
« Reply #293 on: July 31, 2018, 08:05:17 PM »
Why do you, over and over and over, miss out the important bit?

The argument was that the McCanns were entitled to the presumption of innocence BECAUSE THEY HAD BEEN CLEARED BY THE ARCHIVING DISPATCH.

In other words; because they were cleared they were entitled to be presumed innocent. But! If they weren't cleared the argument falls down.

Do you have a cite for that precise statement....I think you may have it back to front..
The McCann's don't need to be cleared to be entitled to the presumption of innocence...I will have a look at the original Portuguese..it was the SC who said they weren't entitled to the POI because they had not been cleared..

Offline Vertigo Swirl

Re: Were the media wrong to settle defamation actions out of court?
« Reply #294 on: July 31, 2018, 08:55:55 PM »
Why do you, over and over and over, miss out the important bit?

The argument was that the McCanns were entitled to the presumption of innocence BECAUSE THEY HAD BEEN CLEARED BY THE ARCHIVING DISPATCH.

In other words; because they were cleared they were entitled to be presumed innocent. But! If they weren't cleared the argument falls down.
So because they weren’t charged, tried in court and cleared they cannot be presumed to be innocent?  What a crock. So anyone who has ever had the misfortune to be a police suspect but never gets charged can never be considered innocent of the crime they were originally suspected of.
"You can't reason with the unreasonable".

Offline jassi

Re: Were the media wrong to settle defamation actions out of court?
« Reply #295 on: July 31, 2018, 09:08:56 PM »
So because they weren’t charged, tried in court and cleared they cannot be presumed to be innocent?  What a crock. So anyone who has ever had the misfortune to be a police suspect but never gets charged can never be considered innocent of the crime they were originally suspected of.

Obviously not the case if someone else is convicted.
I believe everything. And l believe nothing.
I suspect everyone. And l suspect no one.
I gather the facts, examine the clues... and before   you know it, the case is solved!"

Or maybe not -

OG have been pushed out by the Germans who have reserved all the deck chairs for the foreseeable future

Offline Mr Gray

Re: Were the media wrong to settle defamation actions out of court?
« Reply #296 on: July 31, 2018, 09:10:05 PM »
So because they weren’t charged, tried in court and cleared they cannot be presumed to be innocent?  What a crock. So anyone who has ever had the misfortune to be a police suspect but never gets charged can never be considered innocent of the crime they were originally suspected of.

it is wrong....Ive provided a cite tonight from the SC judgement that shows its wrong

In the Allen vs UK case, the ECHR emphasised the importance of the presumption after the acquittal or dismissal of the criminal investigation, explaining that this principle prevents suspects or defendants in such cases are treated as if they were in fact responsible for the criminal offences of which they were accused and stressing that without this second level of protection – the level of full respect for acquittal or archiving – the presumption of innocence would remain illusory or merely ideal.

Offline Mr Gray

Re: Were the media wrong to settle defamation actions out of court?
« Reply #297 on: July 31, 2018, 09:12:49 PM »
i think gunit is aso wrong re the claim to innocence and what the mccanns claimed they were entitled to was the presumption of innocence...which of course they are

Offline Mr Gray

Re: Were the media wrong to settle defamation actions out of court?
« Reply #298 on: July 31, 2018, 09:27:19 PM »
Why do you, over and over and over, miss out the important bit?

The argument was that the McCanns were entitled to the presumption of innocence BECAUSE THEY HAD BEEN CLEARED BY THE ARCHIVING DISPATCH.

In other words; because they were cleared they were entitled to be presumed innocent. But! If they weren't cleared the argument falls down.

your claim makes no sense at all...a suspect does NOT need to be cleared to be entitled to the POI

Offline G-Unit

Re: Were the media wrong to settle defamation actions out of court?
« Reply #299 on: July 31, 2018, 09:44:45 PM »
i think gunit is aso wrong re the claim to innocence and what the mccanns claimed they were entitled to was the presumption of innocence...which of course they are

In my opinion you're doomed to disappointment. In a criminal case the prosecution has to prove guilt. In a defamation case the claimant has to prove the guilt of the defendant(s). The McCanns failed. The various transcripts show why they failed. In my opinion you are either misunderstanding or misrepresenting what was said and why. I wonder if you'll criticise the ECHR judges too if they reject a claim by the McCanns? Or will you finally accept that you got it wrong?
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