142.177.103.64: link libel chill

2004-05-02T16:07:07Z

← Older revision		Revision as of 16:07, 2 May 2004
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	'''Libel''' is the publishing of statements that have a negative effect on someone's life, which usually means their reputation. The exact rules for what constitutes "publishing", "negative effect" and "reputation" vary from place to place.		'''Libel''' is the publishing of statements that have a negative effect on someone's life, which usually means their reputation. The exact rules for what constitutes "publishing", "negative effect" and "reputation" vary from place to place. Threatening to file libel actions creates so-called [[libel chill]] - a tactic which varies in effectiveness depending on strength of local libel laws:

	In some places, notably Ontario, Canada, libel laws are so loose that even just telling the ''truth'' can still leave one open to libel charges. An example was Garth Drabinsky, founder of Livent Productions, whose accounting was called "questionable" by a stock market analyst - Drabinsky sued in Ontario, and, successfully shut up the critics - putting a "chill" on them all. Years later, the head of the US Securities and Exchange commission called the same accounting "smoke and mirrors to put any of his productions to shame" in the course of a fraud probe (which Drabinsky evaded by staying in Ontario and not visiting the US to face the charges). So clearly, true statements on the record were successfully hidden using Ontario's too-liberal libel laws... and even saying true things about anyone who can sue in Ontario is dangerous. (People come from all over the world to sue in Ontario, actually, and as a result it has become the home of some rather notorious fraud artists...)		In some places, notably Ontario, Canada, libel laws are so loose that even just telling the ''truth'' can still leave one open to libel charges. An example was Garth Drabinsky, founder of Livent Productions, whose accounting was called "questionable" by a stock market analyst - Drabinsky sued in Ontario, and, successfully shut up the critics - putting a "chill" on them all. Years later, the head of the US Securities and Exchange commission called the same accounting "smoke and mirrors to put any of his productions to shame" in the course of a fraud probe (which Drabinsky evaded by staying in Ontario and not visiting the US to face the charges). So clearly, true statements on the record were successfully hidden using Ontario's too-liberal libel laws... and even saying true things about anyone who can sue in Ontario is dangerous. (People come from all over the world to sue in Ontario, actually, and as a result it has become the home of some rather notorious fraud artists...)

142.177.114.228: why it matters

2004-01-07T20:47:04Z

why it matters

New page

'''Libel''' is the publishing of statements that have a negative effect on someone's life, which usually means their reputation. The exact rules for what constitutes "publishing", "negative effect" and "reputation" vary from place to place.

In some places, notably Ontario, Canada, libel laws are so loose that even just telling the ''truth'' can still leave one open to libel charges. An example was Garth Drabinsky, founder of Livent Productions, whose accounting was called "questionable" by a stock market analyst - Drabinsky sued in Ontario, and, successfully shut up the critics - putting a "chill" on them all. Years later, the head of the US Securities and Exchange commission called the same accounting "smoke and mirrors to put any of his productions to shame" in the course of a fraud probe (which Drabinsky evaded by staying in Ontario and not visiting the US to face the charges). So clearly, true statements on the record were successfully hidden using Ontario's too-liberal libel laws... and even saying true things about anyone who can sue in Ontario is dangerous. (People come from all over the world to sue in Ontario, actually, and as a result it has become the home of some rather notorious fraud artists...)

Some habits on a [[large public wiki]] are extremely dangerous as they lead almost naturally to libel by some definition: [[echo chamber]] tactics by definition pass around untrue statements which some people believe and then pass on as if they were fact. If there is even one [[IP block]] in place it is effectively a "published" statement, as not ''[[everyone can edit]]'' to correct it. Additionally if editing [[User talk page]]s is forbidden or subject to [[revert]], then, such statements on such pages can be considered published - although depending on the rules they may be published by the User not the operator. A controversial project like [[Consumerium]] that has a real economic effect via the [[Consumerium buying signal]] will attract all kinds of legal attention, some of which can become [[legal problem]]s quite easily if pre-emptive effort is not made to design a [[governance]] system to avoid it.

A [[troll-friendly]] wiki for instance is almost naturally immune to libel actions, as, there are few or no [[block IP]]s in place, and all of them for [[simple vandalism]], with no [[witch hunt]]s, meaning, even an unpopular user can find another [[IP number]] and correct false statements made about them or their activities. If an active effort is made to [[outing|out]] or otherwise identify recurring users, then, it is clear that the returning user is not obligated to "try to correct" the false or libellous statements or at least not more than once... especially if this subjects them to further abuse or blocks the IPs of other users or groups or institutions who may share their views or not. So ''failing'' to be troll-friendly actually causes this legal problem.

Libel - Revision history

142.177.103.64: link libel chill

142.177.114.228: why it matters