#defamation proven in the court of law

[jeromeclarke107]

It’s fucking batshit crazy to me that people seem to be forgetting that trump has been proven to be a sexual predator/abuser in a court of law. He literally had to pay journalist E. Jean Carroll millions because the statute of limitations had run out and he was forced to compensate her. For sexually abusing her and also for lying about it, defaming her.

And that’s not even counting all the other allegations and incidents that have been reported by other women (and girls, at least one aged twelve or thirteen) who have been in contact with him. And all the frankly disgusting things he’s said he’s done or would do to women. When someone tells you who they are, fucking believe them.

Like I know that the bar for Trump supporters is low, but generally sexual assault is something most of us consider to be evil incarnate, yes? It’s something we don’t look past. It’s a clear indication of someone’s morality and character when they commit an act so violating and cruel.

And yet people still support his slimy, predatory behavior. I truly, truly don’t understand this logic or this behavior from people who still support him and think he’s the shit.

If you support Donald Trump, you are supporting a man whom a court of law has deemed to be a sexual predator. If you feel good about that choice, I honestly don’t fucking know how.

A few (of many) Sources:

https://www.nytimes.com/live/2023/05/09/nyregion/trump-carroll-rape-trial-verdict

[kob131]

I was thinking about the Vic Mignoga thing so that’s your warning.

The case really annoys me for a few reasons but I think one of the biggest reasons is how it basically settled. In that no case was ever made against Vic.

Say that he’s innocent- He gets to prove it true in a court of law and clear his name.

Say he’s guilty- An assaliant is put in jail and pays for his crimes.

Either way, the actual situation of the case was never actually settled: it ended with Vic losing his defamation case which A. doesn’t mean he’s guilty and B. he’s a dude arguing defamation about being accused of sexual assault pre-Johny Depp- his case would likely have been dropped REGARDLESS of if he was defamed or not.

I don’t believe he is guilty- no one has ever actually PROVEN that he was and Monica’s actions (specifically her smug attitude) have done everything to convince me that she lied or exaggerated the situation. And there’s quite a few people like me- people who, because Vic was never taken to court, can only go off incomplete evidence and can’t be convinced.

Either way his fault goes- the case with Vic SHOULD have been brought to court. And I have to ask ‘why wasn’t it?’

[coochiequeens]

“Did the doulas go too far when warning each other about Gallagher?” No. Doulas are there to support the mother and that means helping them avoid being taken advantage off when they are vulnerable.

Danny Gallagher’s lawyer acknowledges he advised women on how to sell nude photos and videos on line but says he never coerced or groomed anyone, as defendants say.By Stewart Yerton     

/ About 1 hour ago

 Reading time: 8 minutes.

   

As a birth attendant and maternity photographer trying to establish himself in Hawaii, Danny Gallagher would often share a heart-wrenching story: his former partner had committed suicide in front of him, taking her life and the lives of the couple’s unborn twins — a trauma that Gallagher told people led him to seek solace helping other women deliver babies.

There’s just one problem with Gallagher’s story: It’s a lie. Gallagher has admitted under oath that he used the tale in a failed attempt to ingratiate himself into the community of Hawaii’s mostly female birth attendants, known as doulas.

Gallagher’s sob story didn’t work so well in the end. Instead of welcoming Gallagher into their fold, many of the doulas viewed him with suspicion. Eventually, based on what they believed was evidence that Gallagher had advised pregnant women on how to make money selling erotic photos, many of the doulas ostracized him as a sexual predator seeking to infiltrate their community.

Gallagher has sued several of these doulas for defamation. A trial is set to begin on Monday with jury selection in Hawaii federal court before U.S. District Court Judge Leslie Kobayashi.

Gallagher’s attorney, Megan Kau, acknowledged in an interview that her client advised women about selling nude photos on Patreon. And she said the suicide story was something “he created in order to market himself.”

But Kau said Gallagher never coerced anyone. And it was wrong to accuse Gallagher of being a “pimp” and a “predator” who groomed vulnerable women to produce and distribute pornography.

“They can say he was creepy. They can say he lies. But they crossed a line,” Kau told Civil Beat.

Eric Seitz, the attorney representing the majority of the doulas, declined to comment.

While the case hinges on a basic question – did the doulas go too far when warning each other about Gallagher? – it also involves details unique to the age of social media.

Much of the communication took place on Facebook, on professional pages and in Facebook groups. There are discussions on how to use the creative artist platform Patreon to sell erotic photos and videos. In one case, Gallagher created a false profile to catfish a doula and elicit negative comments from her about himself.

Were Doulas Negligent When Repeating Stories?

The general rule regarding defamation is that it’s unlawful to knowingly or recklessly make false and damaging statements about someone to a third party. An essential question is whether the statement is an objective one that can be proven true or false, rather than merely an opinion. A defamatory statement made in writing is known as libel.

As Kobayashi explained in an order denying summary judgment for the defendants, “With respect to the statements based on first-hand knowledge, ‘the question presented is whether the defendants here acted reasonably with regard to the grounds they had for 

believing’ Gallagher did the things they accused him of in their Facebook posts and direct messages.”

For those without direct knowledge, the judge said, the question was whether the doulas were negligent or unreasonable in repeating things they had heard from others.

“If people are simply repeating what someone else said, you can’t do it blindly,” said Jeff Portnoy, a partner who practices media law with the Cades Schutte law firm.

But simply because a statement was not true does not mean the person committed libel when making the statement, he said.

“It’s a question of fact for the jury whether you were negligent in that,” Portnoy said.

Normally, publishers of libelous statements also might be liable for publishing them, but platforms like Facebook are generally shielded by the federal Communications Decency Act, he said. Individuals making such statements, however, can still be held accountable.

One thing that’s not in dispute is that Gallagher advised women on how to make and post erotic photos for money – and to avoid letting the pictures get out to friends and relatives. One series of massages posted on a Facebook group shows Gallagher boasting about how he “helped two of my doula friends do this (five mamas total) and it’s pretty much under wraps.”

“There are kinks and fetishes for everything under the sun,” he says in another post. “If you play your cards right, Patreon is the way to live the life of your dreams.”

Also part of the record is a conversation Gallagher had with a defendant named Kate Pavlovsky. In a series of Facebook messages, Gallagher tells Pavlovsky: “One mama I helped makes $6,000 a month by doing photo and video (sic) of herself lactating. … Another mama I’ve helped, just takes erotic photos of herself in public places, and has a membership portal.”

While the thread shows Pavlovsky went along with the conversation and appeared interested in doing erotic pictures, she says she later changed her mind.

“I never let on to Danny that I was uncomfortable that is true,” Pavlovsky says in documents now part of the court record.

But she says she eventually quit talking to Gallagher when he sent her a link to a pornography site.

Later, posting on Facebook under a profile bearing the pseudonym Opal Essence, Pavlovsky wrote of Gallagher, “This man is a sexual predator. He should never be allowed in a birth room as it has been made clear he is very aroused by birth, pregnancy, and breastfeeding. We are not trying to tear him down. He is not a victim. We are trying to protect the true victims in this situation – the women who he will prey upon.”

This became the story about Gallagher shared on Facebook: that he was a predator who would groom vulnerable, pregnant women into taking and publishing nude photos. The defendants in the suit shared variations on this theme in messages and posts. The named defendants are Pavlovsky, Anne Croudace, Emille Saldaya, Jenna Chidester, Bathany Kirillov, Jane Hopaki, Stephanie Byers and Vivian Chau Best.

Kau acknowledges that Gallagher helped pregnant women publish nude photographs. But she said he did so at their request. She points to Samantha Baldwin, also known as Sam Ross, who has submitted testimony supporting Gallagher.

According to a statement Baldwin submitted to the court, she got in touch with Gallagher and asked him how to help her market sexy photos and videos of herself. Baldwin says she sent some to him as samples to share with people contemplating doing the same thing.

“Danny never once said anything to me that appeared to be, or made me feel like, I was being coerced into sending him photos or videos of myself or that he was manipulating me,” Baldwin says in her declaration.

According to Baldwin, she learned Pavlovsky and Saldaya “were sharing boudoir photos of me in Facebook groups without my consent in order to prove that Danny was a sexual predator and was sharing the photos without my consent.”

Baldwin says she asked both women to stop sharing the photos and defended Gallagher.

“Danny has been nothing but a gentleman to me and never asked me to do something or give him something that was anything close to being considered in the world of ‘sexual predator,’ ‘creepy,’ ‘a porn broker’ and ‘a pimp,’” she said in her declaration.

While these conflicting portraits of Gallagher will be presented to the jury starting Monday, there’s one story the jury will likely never hear: his lie about being present when his partner killed herself and their unborn twins, which he used to help gain entrée into the doula community.

In an order issued Oct. 17, Kobayashi said the jury could not hear how Gallagher has used a tall tale to market himself. The risk that evidence would prejudice the jury against Gallagher outweighed any value it might have proving that the doulas had not defamed Gallagher, the judge explained.

Asked whether the doula’s attorneys might somehow get the story out anyway, Kau was adamant.

“Judge Kobayashi excluded it,” she said. “Judge Kobayashi was very clear in her order.”

[cyber-crime-lawyer-in-delhi]

Cyber Crime Investigation in Delhi: Advocate Deepak's Proven Methods

The rise of the digital age has brought with it numerous conveniences and advancements, but it has also led to an increase in cybercrime. From identity theft to financial fraud, the realm of cybercrime is vast and complex. In Delhi, one name stands out in the field of cybercrime investigation—Advocate Deepak. With years of experience and a deep understanding of the cyber laws in India, Advocate Deepak has built a reputation as a leading cyber crime investigation lawyer in Delhi. This blog will delve into the various aspects of his expertise, his approach to handling cybercrime cases, and why individuals and organizations seek his services.

Understanding Cybercrime and Its Legal Framework in India

Definition and Types of Cybercrime

Cybercrime refers to criminal activities carried out using computers and the internet. These crimes can range from hacking, phishing, and identity theft to more complex forms like cyberstalking, online harassment, and financial fraud. The increasing reliance on digital platforms has made individuals and businesses more vulnerable to these crimes.

Legal Framework for Cybercrime in India

India's legal system has evolved to address the growing threat of cybercrime. The Information Technology Act, 2000, along with its amendments, forms the cornerstone of India's legal framework for cybercrime. This act covers a wide range of offenses, including unauthorized access to computer systems, data theft, and online defamation. Additionally, the Indian Penal Code (IPC) also contains provisions that can be applied to certain types of cybercrime.

Role of a Cyber Crime Investigation Lawyer

A cyber crime investigation lawyer plays a crucial role in navigating the complexities of cyber law. They provide legal advice, represent clients in court, and work closely with law enforcement agencies during investigations. Advocate Deepak, a renowned cyber crime investigation lawyer in Delhi, specializes in representing clients who have been victims of cybercrime. His expertise in the legal framework and his experience in handling various cybercrime cases make him a sought-after legal professional.

Advocate Deepak: A Leading Cyber Crime Investigation Lawyer in Delhi

Background and Qualifications

Advocate Deepak is a seasoned legal professional with a rich background in cyber law. He holds a law degree from a prestigious institution and has undergone specialized training in cyber law and digital forensics. His qualifications and experience make him one of the top choices for anyone seeking a cyber crime investigation lawyer in Delhi.

Areas of Expertise

Advocate Deepak's expertise spans a wide range of cybercrime cases. He has successfully represented clients in cases involving hacking, data breaches, cyberstalking, and online fraud. His deep understanding of the technical aspects of cybercrime, combined with his legal acumen, allows him to effectively represent his clients and achieve favorable outcomes.

Notable Cases and Achievements

Over the years, Advocate Deepak has handled numerous high-profile cases, making him a well-known figure in the legal community. His notable achievements include securing landmark judgments in cases related to data theft and online harassment. His success rate and dedication to his clients have earned him a reputation as a top cyber crime investigation lawyer in Delhi.

The Process of Cyber Crime Investigation: Advocate Deepak's Approach

Initial Consultation and Case Assessment

The first step in handling a cybercrime case is the initial consultation. During this stage, Advocate Deepak meets with the client to understand the specifics of the case. He assesses the nature of the cybercrime, the evidence available, and the legal options. This thorough assessment is crucial in building a strong case.

Gathering Evidence and Collaboration with Experts

Once the case is accepted, the next step involves gathering evidence. This may include digital forensics, examining electronic devices, and analyzing online activity logs. Advocate Deepak works closely with experts in digital forensics and cybersecurity to ensure that all evidence is accurately collected and preserved. His expertise as a cyber crime investigation lawyer in Delhi ensures that the evidence is admissible in court.

Legal Strategy and Court Representation

Based on the evidence collected, Advocate Deepak formulates a legal strategy tailored to the specifics of the case. This includes drafting legal documents, filing complaints, and representing the client in court. His deep knowledge of cyber law and his experience in handling cybercrime cases allow him to effectively argue on behalf of his clients. His meticulous preparation and strong courtroom presence make him a formidable advocate.

Challenges in Cyber Crime Cases and How Advocate Deepak Overcomes Them

Complexity of Digital Evidence

One of the significant challenges in cybercrime cases is the complexity of digital evidence. Digital data can be easily altered or deleted, making it challenging to prove the crime. As a skilled cyber crime investigation lawyer in Delhi, Advocate Deepak has the expertise to identify, preserve, and present digital evidence in court. He collaborates with technical experts to ensure the integrity of the evidence.

Jurisdictional Issues

Cybercrimes often involve multiple jurisdictions, especially when the perpetrator and victim are in different locations. Navigating the legal complexities of different jurisdictions can be challenging. Advocate Deepak's extensive experience in handling cross-border cybercrime cases enables him to effectively address jurisdictional issues. He works closely with international legal experts and law enforcement agencies to ensure a comprehensive approach to the case.

Rapidly Evolving Technology and Laws

The field of cyber law is constantly evolving, with new technologies and legal precedents emerging regularly. Staying updated with the latest developments is crucial for any cyber crime investigation lawyer. Advocate Deepak is committed to continuous learning and regularly attends workshops and seminars on cyber law. This dedication to staying informed ensures that he provides the best possible legal representation to his clients.

Importance of Hiring a Specialized Cyber Crime Investigation Lawyer

Expertise in Cyber Law

Cyber law is a specialized field that requires in-depth knowledge of both legal principles and technical aspects of cybercrime. Hiring a specialized cyber crime investigation lawyer in Delhi, such as Advocate Deepak, ensures that clients receive expert legal advice and representation. His expertise in cyber law enables him to navigate the complexities of cybercrime cases effectively.

Protection of Client Rights and Interests

Cybercrime can have severe consequences, including financial loss, reputational damage, and emotional distress. A specialized lawyer ensures that the client's rights and interests are protected throughout the legal process. Advocate Deepak is known for his client-centric approach, providing personalized attention and support to his clients.

Efficient Handling of Cases

Handling cybercrime cases requires a high level of efficiency and attention to detail. A specialized cyber crime investigation lawyer can efficiently manage the various aspects of the case, from gathering evidence to court representation. Advocate Deepak's experience and expertise enable him to handle cases efficiently, ensuring timely resolution and favorable outcomes for his clients.

Conclusion: Advocate Deepak—Your Trusted Cyber Crime Investigation Lawyer in Delhi

In the digital age, cybercrime has become a significant concern for individuals and businesses alike. Navigating the complexities of cyber law requires specialized knowledge and experience. Advocate Deepak stands out as a leading cyber crime investigation lawyer in Delhi, offering expert legal services to those affected by cybercrime. With his deep understanding of cyber law, technical expertise, and dedication to his clients, he has successfully handled numerous cybercrime cases, earning a reputation as a trusted legal professional.

If you are facing a cybercrime issue, seeking the services of an experienced lawyer like Advocate Deepak can make a significant difference in the outcome of your case. His expertise in handling complex cybercrime cases, combined with his commitment to protecting his clients' rights and interests, makes him the go-to choice for anyone in need of a cyber crime investigation lawyer in Delhi. Don't hesitate to reach out to Advocate Deepak for a consultation and take the first step towards resolving your cybercrime issues with confidence and peace of mind.

Vist: https://bestcybercrimelawyer.in/cyber-crime-lawyer-in-delhi/

[legalhub16]

CODE OF CRIMINAL PROCEDURE

COGNIZABLE AND NON-COGNIZABLE OFFENCES

Introduction An offence, as defined by the Collins dictionary, refers to a criminal act that violates a specific law and necessitates a specific penalty. It is common knowledge that in order to penalise a wrongdoer, they must first be apprehended and subsequently interrogated by law enforcement. In this manner, a methodical and sequential process is adhered to until the case is brought before a court of law. Nevertheless, not all offences are equal and they necessitate distinct approaches. The Indian Penal Code, 1860 (IPC) serves as the authoritative criminal code of India. It encompasses all the essential elements of criminal law. All the actions that constitute criminal behaviour are explicitly outlined within it. Offences can be categorised into three groups based on their nature and severity. There are three types of offences: bailable and non-bailable offences, cognizable and non-cognizable offences, and compoundable and non-compoundable offences.

I. Cognizable Offence

According to the gravity of the crime, the penalty varies for each offence. A cognizable offence is one that carries a minimum sentence of three years in jail or more. In accordance with Section 2(c) of the Criminal Procedure Code, 1973 (CrPC), any crime having a death penalty, life sentence, or sentence of more than three years in jail is to be considered cognizable. For crimes that are easily identifiable, the authorities do not need a warrant to apprehend the suspect. Even without a court order, the police can launch an investigation. Arrested and brought before the court at the appointed hour, the accused is formally charged. When a cognizable offence occurs, a police officer must file a First Information Report (FIR) in accordance with Section 154 of the Criminal Procedure Code. Some instances of cognizable offences include murder, rape, theft, kidnapping, and dowry death. You can post bail for these charges or you can't.

II. Non-Cognizable Offence

Less serious offences are regarded as non-cognizable. " Non-cognizable offences are defined by Section 2(l) of the CrPC as those in which the police are not permitted to make an arrest without a warrant. Bailable, these are listed in the Indian Penal Code's first schedule. The accused cannot be arrested in these crimes without an arrest warrant, and the court must give its approval before the police may begin an inquiry. Noticable offences include assault, cheating, forgery, defamation, public annoyance, and so on. A policeman is required under Section 155 of the CrPC to record the case in the station diary and send the informant to the magistrate if he learns of a non-cognizable offence. Only once the magistrate gives his or her approval can the police begin looking into the case. A trial follows filing of a charge sheet with the court following the conclusion of its investigation. Should a case be proven, the court subsequently issues a final arrest order.

III. Legal Cases that shape the understanding of Cognizable and Non-Cognizable Offences

XYZ vs. State of Madhya Pradesh SLP (Crl) No. 1674 of 2022.

In this instance, a female employee endeavoured to report instances of harassment perpetrated by the Vice-Chancellor of the institution where she was employed, but her request was rejected by the police. Although a complaint was lodged with the Superintendent of Police, no subsequent action was taken. Therefore, she chose to lodge a complaint with the Judicial Magistrate First Class. Upon receiving the allegation, the magistrate instructed the police to initiate an inquiry. Nevertheless, the procedures were postponed as a result of the Covid-19 pandemic. At the beginning of the legal procedures, the Magistrate granted permission to the complainant to question the witnesses, who were then interrogated by the appellant. The High Court dismissed his application on the basis that it was not obligatory for the Magistrate to mandate an investigation.

The main concern was whether the Judicial Magistrate First Class is required to direct an inquiry under Section 156 of the CrPC. The Supreme Court has established that the magistrate is legally required to order an investigation only if there is clear and sufficient evidence of a recognisable offence. The optional utilisation of the term 'may' in the section suggests that initiating an investigation is not obligatory but dependent on the nature of the offence. The Supreme Court upheld the High Court's ruling that a magistrate is not required to mandate an investigation.

State of Jammu & Kashmir vs. Dr. Saleem Ur Rehman

Citing a lack of previous magistrate approval for an investigation into non-cognizable offences, the High Court in this instance quashed FIRs filed under the J&K Prevention of Corruption Act and the Ranbir Penal Code, 1989. The question of whether investigating non-cognizable offences requires magistrate sanction was taken up by the Supreme Court. The High Court erred, the Supreme Court said, in deciding that magistrate approval was required to look into non-cognizable offences. It made clear that investigating crimes both cognizable and non-cognizable does not need getting such permission from the magistrate.

IV. Concluding Remarks

Summarising the broad study of cognizable and non-cognizable offences shows that these classifications shape the legal landscape. The research has highlighted the need for magistrate intervention in non-cognizable cases and rapid police response in cognizable situations. The analysis showed the impact on bail processes, judicial interpretations, and investigative power abuse. Understanding and refining cognizable and non-cognizable classification is crucial in modern legal systems. These classifications underpin police activities, investigations, and judicial proceedings. For a fair, efficient, and accountable criminal justice system, their importance must be recognised. Reforms and study on cognizable and non-cognizable offences are needed as legal systems advance. This involves improving investigative powers, correcting procedural issues, and protecting individual rights. Technological developments, transparency, and comparative lessons from other jurisdictions can strengthen and adapt the legal system. Legal scholars, practitioners, and policymakers are encouraged to work together to create a justice system that reflects modern principles and reality.

[jamescarey]

Debunking Common Misconceptions in Personal Injury Law: Separating Fact from Fiction

Personal injury law is a vital component of the legal system, yet it is often shrouded in misunderstanding and misinformation. From misconceptions about the legal process to unrealistic expectations about compensation, separating fact from fiction is crucial for anyone navigating a personal injury claim. In this article, we'll debunk 10 common myths and misconceptions surrounding personal injury law, providing clarity and insight into this complex area of legal practice.

All personal injury cases are lengthy and complex. While some cases may indeed be intricate, not all personal injury cases drag on for years. Many are resolved efficiently through negotiation or alternative dispute resolution methods. Skilled attorneys can streamline the process, ensuring a timely resolution for their clients.

Court Proceedings Are Inevitable: Contrary to popular belief, the majority of personal injury cases are settled out of court. Attorneys negotiate settlements with insurance companies, often sparing clients the stress and uncertainty of a trial. Litigation is typically pursued only when settlement negotiations fail.

There's No Rush to File a Lawsuit: Some individuals mistakenly believe that they can file a lawsuit at any time following an injury. However, statutes of limitations impose strict deadlines for initiating legal action, and failing to meet these deadlines can result in the loss of the right to seek compensation.

Guaranteed Large Settlements: While personal injury lawsuits can lead to significant settlements, there are no guarantees. The value of a case depends on various factors, including the severity of injuries and available insurance coverage. Unrealistic expectations of large windfalls can lead to disappointment.

Only physical injuries are compensable. Personal injury law encompasses a wide range of injuries, including emotional distress and financial losses. Non-physical injuries, such as defamation or invasion of privacy, may also form the basis of a valid claim.

Self-Representation Is Advisable: While individuals have the right to represent themselves, navigating the complexities of personal injury law without legal expertise is highly challenging. Attorneys possess the necessary knowledge and experience to advocate effectively on behalf of their clients.

All lawyers are equally competent. Not all lawyers specialize in personal injury law, and choosing the right attorney can significantly impact the outcome of your case. It's crucial to select a lawyer with expertise in personal injury cases and a proven track record of success.

Insurance companies have your best interests at heart. Despite their reassuring advertisements, insurance companies are profit-driven entities that may prioritize their financial interests over yours. Legal representation can help level the playing field and ensure that your rights are protected.

Legal representation is cost-prohibitive. Many people believe that hiring a personal injury attorney requires substantial upfront fees. However, most personal injury lawyers work on a contingency fee basis, meaning they only get paid if you win your case. This arrangement makes legal representation accessible to individuals of all financial means.

It's Too Late to Seek Legal Help: Even if considerable time has elapsed since your injury occurred, it's not necessarily too late to pursue legal action. Consulting with a personal injury attorney can help assess the viability of your case and explore any exceptions to the statute of limitations.

Debunking common myths and misconceptions is essential for gaining a realistic understanding of personal injury law. By separating fact from fiction, individuals can make informed decisions when navigating the complexities of a personal injury claim and work towards obtaining the compensation they rightfully deserve.

[sublimeobservationarcade]

Russia Manipulating American Democracy

Vladimir Putin has been actively engaged in manipulating the USA through the dark arts of digital disinformation for at least a decade. Russia manipulating American democracy via social media and having bought Trump some time back is going swimmingly. A brief look at the state of the Republican Party and the Trump candidacy for President can confirm that. America has been split down the middle with progressives on one side and the MAGA led conservatives on the other. The cosy coalition between MAGA and Putin’s Russia would strike cold warriors from the 1950’s as completely bizarre. Americans backing the military aspirations of an eastern demagogue and his police state is what we appear to be seeing. WTF? #UNGA President Donald J. Trump by National Archives and Records Administration is licensed under CC-CC0 1.0

Putin’s Russia Leading American Democracy a Merry Dance

For anybody who has been studiously ignoring the Russian machinations in America I would advise that it is time to pay attention. The world is heading into very dangerous territory with extreme greed and caveman bullying tactics leading the charge. Putin’s Russia has identified America’s points of vulnerability and gone to town on them with bots aplenty. Democracy has always largely been about the art of persuasion, ever since those early days in ancient Athens. Getting the vote via scare campaigns and corruption have been with us for millennia.

American’s Too Dumb To Realise Who Is Stealing Their Lunch

Americans are so dumb. Why? Because they always make everything about money. The Internet and the world wide web were developed by US government bodies. Then in 1993 President Bill Clinton privatised it and handed it over to the market with bugger all safe guards in place. Many of the problems we have with social media platforms not being held accountable for their content are because of this lack of meaningful oversight. The neoliberal mantra – let the market take care of it – reveals yet another black hole. It is actually the abdication of government responsibility and yet another societal failure costing lives and potentially destroying democracy. “Congress has followed the Supreme Court’s lead and enacted Section 230 of the Communications Decency Act. Section 230 offers internet service providers immunity from liability for content posted by third parties on their platforms. Brown notes that courts apply this liability shield broadly. Section 230 has protected providers from claims pertaining to intentional infliction of emotional distress, terrorism support, and defamation.’ - (https://www.theregreview.org/2021/12/21/stephen-social-responsibility-social-media-platforms/) Photo by Elena on Pexels.com Congress Is A Proven Failure Congress is a proven failure in addressing crucial crises effecting America, as witnessed by their inability to get gun control laws passed. The politics rules the beast in the US; and right now the Trump led MAGA GOP exposes the very worst manifestation of this governmental failure. Some 400 million people are being coerced and manipulated by special interest forces like corporate lobbyists. The system has been corrupted and taken over by these vested interests to the detriment of ordinary Americans. Americans know this but half of them are rusted onto the camp controlled by the worst aspect of this distortion of democracy. The GOP lead with social issues and gather their support around identity politics. Christian Nationalism, anti-woke BS, white supremacy, and the intolerance for things like gender and sexual preference diversity. Meanwhile they are in bed with big business and the rentier economy, which has been decimating the wealth of the middle class since Reagan. Russian Bots Fuelling The Polarisation Of America Much of the inflammatory stuff on the Internet has been coming from Russian bots for many years. Winding up folk on forums and in online chat rooms is a Russian speciality. Spreading disinformation via the Internet and on social media in particular has been a winning strategy for Putin. Many Americans are too dumb to get this. Lots of ordinary folk have no idea how the Internet actually works. Ignorance provides a great operating ground for those with a dark intent to do their stuff. It has been an incredibly cost effective means of paralysing American democracy. The 2016 election of Donald Trump was greatly aided by the Russians spreading anti-Hilary Clinton stuff online. Fake news was rife on social media about Hilary. Americans are used to the lies and misinformation during elections, just this time it was coming from outside of the country for the purposes of spreading disinformation. Similarly, the Russians were at it big time in Britain in the lead up to the Brexit vote. Britain leaving the EU was a big win for Putin – it weakened both Britain and the EU. Photo by Sharefaith on Pexels.com The US Has Been Made Weaker By The Trump Years Russia manipulating American democracy makes the US weaker internally and externally. If you look at the last decade much of it has been taken up with Trump. Trump has filled the airwaves with chaotic crap about him everywhere you look. The nation has never been more polarised. Threats of violence from Trump supporters are never far away, as they try to lean on the institutions protecting democracy. Men resorting to caveman bullying and violence as exemplified by the January 6th, 2021, insurrection at the Capital. Extremism is most often a reactionary response to societal anxiety by a section of the community. Following the pandemic we have seen the rise of far right groups and Naziism in terms of increased visibility and numbers participating in marches and demonstrations. Fear of death is a powerful call to action but it can lead some in the wrong direction. Trump makes a habit of saying shocking things in public. This keeps him in the news and in the public eye. He is buffoon-like and this becomes a mitigating factor in the mind’s of many of his supporters. “Oh, that is only Trump talking!” However, around the orange Jesus are some very serious and nasty people capable of doing untold damage to the lives of many Americans. Indeed, history tells us that a similar false sense of levity surrounded Adolf Hitler in his early years. Many Germans did not take him too seriously until he became the Fuhrer. Of course, by then it was too late and the dictator went on to kill tens of millions of people globally. American democracy is becoming undone by the forces coalescing around Trump. Stupidity, greed, and the politics of grievance are fuelling the popularity of Trump’s second coming. Putin is in his corner, of course, pulling strings wherever he can. Photo by Artūras Kokorevas on Pexels.com Tucker Carlson Useful Idiot Interview With Putin “US talk show host Tucker Carlson's interview with Russian President Vladimir Putin began with a rambling half-hour lecture on the history of Russia and Ukraine. Mr Carlson, frequently appearing bemused, listened as Mr Putin expounded at length about the origins of Russian statehood in the ninth century, Ukraine as an artificial state and Polish collaboration with Hitler. It is familiar ground for Mr Putin, who infamously penned a 5,000-word essay entitled "On the Historical Unity of Russians and Ukrainians" in 2021, which foreshadowed the intellectual justification the Kremlin offered for its invasion of Ukraine less than a year later. Historians say the litany of claims made by Mr Putin are nonsense - representing nothing more than a selective abuse of history to justify the ongoing war in Ukraine.” - (https://www.bbc.com/news/world-europe-68255302) Robert Sudha Hamilton is the author of Money Matters: Navigating Credit, Debt, and Financial Freedom.  ©MidasWord Read the full article

[blueflameswordsman]

Media LIES About Trump Abusing A Woman, Using Manipulative Language, They Are EVIL

youtube comments

On her own Twitter account she used to cheer when the apprentice was on saying it was her favorite show. If you were abused by a man would his tv show be something you were excited to watch?

The problem with this case being, not only 28 year old allegations, is the precedent that the definition of defamation is so broad that any defense of yourself can be considered lawsuit worthy defamation!

For Trump's next term, they should do a reboot of The Apprentice - White House Edition, where all the federal bureaucrats get to interview to keep their jobs. "You're fired. You're fired. You're fired. You're fired. You're fired."

not to mention the judge and the AG investigated for corruption ( its fair they weaponized the office to go after him because they dont like that he opposes them politically they try to steal his money on bogus fraud case when he did nothing wrong. or twisting/stretching the laws to try and apply certain cases against him. ( contesting the election isnt inciting an insurrection or trying to steal it it doesnt fall under rico law etc)

So there wasn't enough evidence to try him in criminal court, so they just sued him in civil court. For something they have no evidence for in criminal court. Yep. It's really that stupid.

He wasn't found guilty of sexually abusing her... he was found NOT guilty of the claim (which already means the woman is lying) however found guilty of "defaming her" by calling her a liar... so he was charged and convicted of calling a proven liar a liar... and now in this new case he isn't even allowed to testify even if he wants to.

That's not true either. They didn't even find him to have sexually abused her. They found him to be guilty of defamation for claiming that he didn't. . . Which is a fucking legal standard that's absolutely insane.

This goes to show the nonsense they will go to to attack trump

[nityarawal]

Mom & Dad- 

I made it to Chula Vista with my gf Melody Gray.

We had to rescue her from her violent boy toy on Thursday.

My Camp bro agreed to move her! He picked her up from Daniel's where she was renting a home in Anza to Scott Clarke's! ):

Scott I'd a 40+ year ex-con I'm militia. He went through our things and attempted to steal many valuables. He's a partner of Dennis Sketchly (Nelson-Campbells!)

Melody is trying to file a RO against her mom Darlene from Idyllwild Health Center.

Darlene slandered her and I to hide sexual assaults and child abuse on my case and from her boytoy. He bullied Darlene to attempt a RO! ):

Melody says he raped her before she was of age.

I'm worried of his motivations with mulatto 15yo granddaughter! She's sending her mom coded messages on tiktok.

Dr. Cash wanted me to use a naturopath asap for my detox!

Grateful for Melody! 

Melody also called to tell me about her nurse mother's hippa violations on my case & will provide screenshots for court.

Her mom, nurse Darlene not only slandered her- she smeared me to her daughter- in writing- and lied on behalf of Queresheri office at Idyllwild Health; Dr. Natalya; receptionist Nikki; it is iehp insurance fraud with Riverside county like so much foul play on my case! It's not enough that Dr. Keane was fired for being a gay discrimination bigot to mothers in Palm Springs! Elephant in room is Dr. Singh & Dr. Anderson trying to kill me for x's attys & more pranks that are stipulated to be attempted murders in false name of probate law!

We have a doubt about Dr. Sunil Rawal under circumstances and need to prosecute before militia take matters into own hands- as they've threatened, shown, and promised to do!

Prudent kind thing would be to deport him back to UK for ww3 Defamation Trial and return all with apologies & damages at once! Reunite me with my rightful children and parents in all our homes! 

My Encinitas Desert Naturopath Dr. Heather is unavailable until November celebrating her 9/15 50th Birthday!(:

It worked out well that Melody was available!

We've been juicing, drinking lime water all day- from our tree- and she put me on tinctures from Huckleberry & Cleavers!

She has me do body masks with clay & honeyed apple vinegar! It's calming inflammation & encouraging nano Particles to purge!

I've been buying herbs, cooking & cleansing! Rambotans help & fresh fruits/veg from Asian markets!

We are starting home prep with ghee soon!

Doing laundry- happy to sleep stretched out again warm & safe!

I'm grateful for a "safe home" with a bath for treatment.

Her friend has been helping us get our things and we share a "women's" bath! The water and daily routine with fresh hot food is helping my routine! 

This is an adult only home though & I still need my kids/assets asap.

Can you help?

I never agreed to sale of 1067 Neptune Ave & was targeted for my monogamous faith & belief systems for United States Autonomy!

Courts said they had a doubt about me every time I asked for my home & assets; or disclosed truth! They doubted I was a realtor and a mom- I had to repeatedly prove truth with evidence like Encinitasbeachhome.com reality etc until x hacked all down like a gay terminator.):

It was insane in-house domestic & UK terrorism.

Thanks for stopping this organised crime in divorce courts by taking a stand, using your word and voice, vows; honoring our family "faith" in testimony & energy; support in consciousness minutely- like only a parent can.

Thankyou for generous birthday support!

I love you! Xo

Eternally grateful,

All love,

Nitya

PS I'm close to Mexico border and will get pharmaceuticals clinically proven to be effective for treating lymes & covid 3. Do you need anything? 

Miss you!!!!!

PSS Do you have Oscar Orvidsson & Susan Nowak's numbers? Haydn stole my phones in data rape. I need all contacts, possessions and assets restored + damages & refunds today. Thankyou! Xo

https://www.traditionalmedicinals.com/blogs/ppj/cleavers-101

https://nwwildfoods.com/blogs/blog/wild-huckleberries-a-simple-boost-to-your-health

[edajade]

Case Studies: "Habana vs. Robles", "Newsweek, Inc. vs. Intermediate Appellate Court", and "NPC reminds media: Balance freedom of press, right to privacy"

a. On the Habana vs. Robles case, how does copyright infringement affect the complainant?

The case of Habana vs. Robles involves a complaint for copyright infringement and unfair competition filed by the petitioners against respondent Felicidad Robles and Goodwill Trading Co., Inc. The petitioners are authors and copyright owners of books entitled "COLLEGE ENGLISH FOR TODAY (CET)" and "WORKBOOK FOR COLLEGE FRESHMAN ENGLISH, Series 1." The respondents are the authors/publisher and distributor/seller of another book entitled "DEVELOPING ENGLISH PROFICIENCY (DEP)."

The petitioners discovered that the DEP book had striking similarities to their own book, CET, in terms of content, presentation, illustrations, and examples. They claimed that several pages of the respondent's book were copies or plagiarized from their own book, amounting to copyright infringement. The petitioners demanded damages and requested that the respondents cease further distribution of the infringing copies.

When the demands were ignored, the petitioners filed a complaint in the Regional Trial Court for infringement and/or unfair competition. The trial court eventually dismissed the complaint but deleted the award for attorney's fees. The Court of Appeals affirmed the trial court's decision, stating that the similarities between the books did not establish copyright infringement since both works dealt with the same subject matter and had a common source.

The petitioners appealed the decision and raised several issues, including whether the respondents committed copyright infringement despite the similarities between the books, whether there was bad faith on the part of the respondents, and whether the respondents abused the right to fair use of copyrighted materials.

The Supreme Court found merit in the petitioners' arguments. They noted that several pages of the DEP book were similar to the CET book, and the act of lifting substantial portions of discussions and examples without acknowledgment constituted copyright infringement. The Court emphasized that infringement does not require the copying of the entire work but rather the appropriation of so much that the value of the original work is substantially diminished.

The Court also discussed the concept of intellectual piracy and the importance of protecting the owner's exclusive rights conferred by copyright law. The respondents' claim that the copied portions were also found in foreign books and other grammar books was not considered a valid defense.

Based on these findings, the Supreme Court reversed the decisions of the lower courts and ruled in favor of the petitioners, finding the respondents liable for copyright infringement. The Court remanded the case for further proceedings, including the determination of damages.

b. On the Newsweek, Inc. vs. IAC case, how do we know that information is libelous or not?

Determining whether information is libelous or not involves an assessment of the specific circumstances and the applicable legal standards. In general, to establish a claim of libel, the following elements must be proven:

Defamatory statement: The statement must be false and capable of harming the reputation of the person or entity it refers to. It must lower the person's reputation in the eyes of the community.

Identification: The statement must specifically identify or be reasonably understood to refer to the person or entity claiming to be defamed. It should not be so general or vague that it fails to point to a particular individual or group.

Publication: The statement must be communicated to a third party, either through oral, written, or printed means, including online platforms.

Falsehood: The statement must be false. Truth is a complete defense to a claim of libel. If the information published is true or substantially true, it typically cannot be considered libelous.

Fault: The defendant must have been at fault in making the statement. The level of fault required can vary depending on the jurisdiction and the status of the plaintiff (public figure or private individual). For public figures, they often need to prove that the defendant acted with actual malice, meaning knowledge of falsity or reckless disregard for the truth. Private individuals may need to show negligence on the part of the defendant.

In the case, the court concluded that the article in question was not libelous because it did not meet the necessary criteria. The court considered factors such as the specificity of the statements, the absence of identifiable individuals defamed, and the overall nature of the article. The court also noted that the article fell within the realm of privileged speech, as it pertained to an official act performed by an elected public official.

Ultimately, whether information is considered libelous or not is a legal determination that requires a careful examination of the specific facts and circumstances surrounding the publication. It often requires a court or legal authority to make a final determination based on applicable laws and precedents.

c. On the third case, how important is the protection of privacy for every individual?

The protection of privacy is highly important for every individual. Privacy is a fundamental human right that allows individuals to have control over their personal information, decisions, and intimate aspects of their lives. Here are a few reasons why privacy protection is crucial:

Autonomy and Personal Freedom: Privacy enables individuals to exercise their autonomy and make choices without unnecessary interference. It allows people to maintain their personal space, dignity, and independence.

Security and Safety: Privacy protection safeguards individuals from potential harm, such as identity theft, fraud, stalking, or surveillance. It helps prevent unauthorized access to sensitive information, ensuring personal and financial security.

Personal Expression and Individuality: Privacy gives individuals the freedom to express their opinions, beliefs, and identities without fear of judgment or reprisal. It encourages creativity, diversity, and the development of individuality.

Trust and Confidentiality: Privacy is essential for fostering trust in personal relationships, business transactions, and interactions with various institutions. When individuals feel confident that their information is kept confidential, they are more likely to engage openly and honestly.

Psychological Well-being: Privacy contributes to individuals' psychological well-being by providing them with a sense of control, autonomy, and personal space. It allows people to have private thoughts, emotions, and experiences without constant external scrutiny.

Democracy and Human Rights: Privacy is crucial for upholding democratic values and protecting other fundamental rights, such as freedom of speech, association, and assembly. Without privacy, individuals may hesitate to express their opinions or engage in activities that challenge societal norms or government policies.

Personal and Professional Opportunities: Privacy protection enables individuals to pursue personal and professional opportunities without fear of their private lives being exploited or used against them. It encourages innovation, risk-taking, and personal growth.

Overall, the protection of privacy is vital for preserving individual rights, personal freedoms, and the overall well-being of individuals in a modern, interconnected world.

d. On all cases, how important are ethical principles in examining the content published on new media?

Ethical principles play a crucial role in examining the content published on new media platforms. By analyzing these cases, we can understand the importance of ethical principles in maintaining the integrity and credibility of content in the digital age.

Case 1: The article likely discusses a specific case or incident involving Habana and Robles, which might have raised ethical concerns. Ethical principles provide a framework for evaluating the fairness, accuracy, objectivity, and transparency of media content. By adhering to these principles, journalists and content creators can ensure that their work promotes truthfulness, respects privacy and confidentiality, avoids sensationalism or bias, and upholds the public's trust. Examining the content through an ethical lens helps maintain the integrity of new media platforms and safeguards against misinformation, manipulation, or harm to individuals or communities.

Case 2: In this case, the article in question was accused of containing libelous statements against a group of sugarcane planters. Ethical principles require journalists and content creators to exercise responsible journalism, verify facts, present balanced perspectives, respect privacy rights, and refrain from publishing defamatory or false information. By adhering to ethical principles, new media platforms can maintain public trust, avoid harm to individuals or groups, and contribute to a well-informed society. Ethical scrutiny helps to protect the reputation of individuals and promotes a culture of accountability in the media industry.

Case 3: Ethical principles guide journalists in maintaining the balance between freedom of the press and the right to privacy of individuals. These principles promote transparency, legitimate purpose, and proportionality in the collection and use of personal or sensitive data. They also emphasize the need to protect the privacy of public officials and victims of crimes, avoid unnecessary disclosure of personal information, and handle sensitive documents and footage with care. By adhering to ethical principles, media outlets can promote truth, public interest, and respect for individuals' rights, fostering trust between the media and the public.

In conclusion, the cases of "Habana vs. Robles," "Newsweek, Inc. vs. Intermediate Appellate Court," and the "NPC reminds media: Balance freedom of press, right to privacy" emphasize the significance of ethical principles in examining the content published on new media platforms. These cases underscore the importance of accuracy, fairness, privacy, and responsible journalism. Ethical considerations ensure that information disseminated through new media is reliable, respects individuals' rights, and maintains the credibility and trust of the public. By upholding ethical principles, media organizations can navigate the challenges of the digital age and fulfill their role as responsible information disseminators in society. References (from handout): Bueza, M. (2017, August). NPC reminds media: Balance freedom of press, right to privacy. Rappler. Retrieved fromhttps://www.rappler.com/nation/180500-npc-reminds-media-balance-freedom-press-right- privacy

Central Book Supply Inc. (2006). Supreme Court Reports Annotated Volume 310. Quezon City, Philippines: Author

Central Book Supply Inc. (1993). Supreme Court Reports Annotated Volume 142. Quezon City, Philippines: Author

[corporatelitigationlawyer]

Learn Defences to Defamation Claims from Business Litigation Lawyers in Melbourne

Business litigation lawyers in Melbourne can assist with various different categories of matters, including disputes, breach of contract, defamation, and much more. Wrong, ridiculous, or bad comments to one can destroy an entire image that has been built up over years of hard work in a very short period of time.

Defamation litigation lawyers fight for your rights and reputation. They help you prove comments from the opponent's side as false in court on behalf of the information provided by the victim. Expert solicitors can also save you from a defamation claim through various defence methods allowed by Australian law.

What Defences to Defamation are Provided by Expert Lawyers?

Presenting the truth – They demonstrate that either the sued claim is completely false or your statement is completely true. Discovering and proving any of the conditions is not an easy game, they collect enough solid evidence with great efforts.

'Fair comment' law defence – If the statement was in the public interest and based upon known facts, it can be proven to be non-defamation and the case can be dismissed.

Absolute Privilege – Comments made by judges, jurors, barristers, witnesses, and parties to court cases are protected under this defence. If you're a politician, you can benefit from the help of reputable advocates.

As per the Australian law, none of the litigation is accepted if the statement is older than a year. Professionals can not only re-establish shattered goodwill, but also force competitors to pay for defamation. Find a reputable law firm and seek appropriate advice if someone attempted to tarnish your image in the industry and social world.

Source

[cyarskj1899]

2 Peas In A Sunken Sibling Pod: Kanye West Faces $250M Lawsuit Over George Floyd Comments, Candace Owens Offers Asininely Ashy Opinion

Bossip

Bossip Video 

Source: Edward Berthelot / Getty

Between his “White Lives Matter” shirts, his blatant antisemitism, his budding house negro-mance with Candace Owens, and his plan to purchase Parler, the right-wing social media site for white nationalists who think Twitter bans are oppressing them, it’s becoming more and more evident that “Ye” is shorthand for “Ye-sir’ MAGA massa’ sir.” 

Source: Jason Davis / Getty

According to an official release from The Witherspoon Law Group and Dixon & Dixon Attorneys at Law, Roxie Washington, the mother of Floyd’s daughter, is suing Ye, “his business partners, and associates for harassment, misappropriation, defamation, and infliction of emotional distress seeking$250 million dollars in damages,” after Ye perpetuated the demonstrably false claim that Floyd died of a fentanyl overdose, not from having a cop’s knee on his neck for more than eight minutes.

Each of the attorneys representing Washington laid into the rapper via the release.

Attorney Nuru Witherspoon, partner at The Witherspoon Law Group, noted that George Floyd’s daughter is being “retraumatized” by Kanye West’s comments and “he’s creating an unsafe and unhealthy environment for her.”

Witherspoon’s comments were echoed by Attorney Pat D. Dixon III and Attorney Kay Harper Williams who agreed that Kanye’s statements, “made on behalf of and for the benefit of himself, his business partners, and associates”, are incredibly harmful to George and Roxie’s daughter and damaging to the Floyd estate.

“Kanye’s comments are a repugnant attempt to discount George Floyd’s lifeand to profit from his inhumane death. We will hold Mr. West accountable for his flagrant remarks against Mr. Floyd’s legacy,” said Attorney Pat D. Dixon, III, partner at Dixon & Dixon Attorneys at Law.  “Free Speech Rights do not include harassment, lies, misrepresentation, and the misappropriation of George Floyd’s legacy. Some words have consequencesand Mr. West will be made to understand that,” said Attorney Kay Harper Williams, partner at The Witherspoon Law Group.  “As the intellectual property litigator on the team, George Floyd’s daughter’s rights will be protected and enforced through all available legal remedies,” said Attorney Roland Witherspoon, of counsel at The Witherspoon Law Group.

Silly games? Sill prizes.

Source: Jason Davis / Getty

Mind you, Kanye was citing Owens’ “The Greatest Lie Ever Sold: George Floyd and the Rise of BLM” documentary when he made his comments.

Candace Owens Defends Kanye’s Drink Champs Comments

“George Floyd’s family didn’t even stop by his house to collect his belongings,” Owens tweeted. “They left his car and personal items abandoned in his house. Now they’re mad my documentary TELLS THE TRUTH about the fatal levels of fentanyl discovered in Floyd’s autopsy.” “I think you should consider how defamation law works in this country,” she said in a follow-up tweet. “Did you know that truth is an absolute defense against it? Did they pick up Floyd’s belongings? Did Floyd not say ‘I can’t breathe’ before he was laid on the ground? ‘Sue her!’ is not an argument.”

First of all, Owens’ legal expertise is about as real as Herschel Walker’s Chuck E. Chees-a** police badge.

Secondly, what the hell does Floyd’s family allegedly not stopping by his home to collect his belongings have to do with literally anything? Even if it’s true, what does that have to do with whether he died of fentanyl or police brutality? But really, even that’s a useless question, because the fentanyl that was in Floyd’s system—which isn’t new news, by the way—didn’t change the fact that a juryconvicted Derek Chauvin of murdering Floyd and a federal court found that the cops violated his civil rights. 

Lastly, Candace’s weird and pointless argument that Floyd complained he couldn’t breathe before he was put on the ground is only the latest argument in the bottomless open bar of instances in which the professional MAGA mammy didn’t know what TF she was talking about.

First, there’s just no point to it since it’s completely possible for a person standing “upright” to have trouble breathing. Secondly, transcripts show that he was saying he couldn’t breathe and warning the police they were killing him throughout his arrest. Then he died. So, there’s that.

Anyway, Ye and Klandace clearly deserve each other. They’re like Batman and Robin, except they’re dark crusaders for white supremacy.

Source: Jason Davis / Getty

[collectormains]

Class actio lawsuits against yelp

Class actio lawsuits against yelp full#

Class actio lawsuits against yelp free#

If you or your business are facing online defamation, you can write a cease and desist letter before taking more drastic action, like taking the case to court. Draft a Cease and Desist Letter With DoNotPay! Future Yelpers can see both sides and decide for themselves.Īnother option is to send a cease and desist letter to and sue the reviewer if you are able to get a hold of their contact information.

Class actio lawsuits against yelp full#

When carefully structured and detailed, your response can prove that the customer’s review was full of false claims. If you have claimed your business through Yelp, you can start replying to customer reviews. There is also no official appeals process for removing reviews through Yelp - this means that false reviews can remain on the platform! So what can business owners do to stop libel when necessary? In 2019, the Supreme Court ruled that they would no longer hear cases relating to defamatory Yelp reviews.

Class actio lawsuits against yelp free#

For this reason, you must always be careful with the truthfulness of the statements you publish on Yelp, not everything you say is protected under the First Amendment laws of free speech, and you may face a defamation lawsuit if the plaintiff can prove that your statement meets the five elements of defamation.If you want to sue someone for defamation for a negative Yelp review, you have to find the person who has commented on the review and sue them personally.As long as the untrue and defamatory statements are published by an external user, Yelp cannot be held accountable and will be immune from liability.This immunity covers all defamation and privacy claims, as well as negligence claims connected to a statement published on their platform.Section 230 of the Communications Decency Act protects Internet service providers and online platforms, such as Yelp and Twitter, and holds that they are not liable for the content posted on their platforms by third parties.If the defendant can prove the statement they made was true, then it is not defamation. Sharing your opinion on these types of matters is protected under the first amendment laws. Expressed in a way that cannot be proven whether it is true or false by analysis.The US Supreme Court views a statement of opinion to be: Matters of public concern include political scandals and current events, like the COVID-19 virus. Statements of opinion are protected under the laws of the first amendment. “ Protected opinions” and “matters of public interest” are protected under the first amendment, therefore, they cannot be considered defamation: Protected Opinion: The line is often blurred when it comes between defamation and free speech. Negative Yelp Reviews: Defamation or Free Speechīusiness owners have the right to protect their reputation from false and harmful statements that are published on the internet, but at the same time, customers are protected by the first amendment, which grants the inherent right of free speech. The statement must cause serious damage to a person’s reputation.The defendant must have made the statement with malice.The statement must be said to a third party.A defamatory statement must be presented in the form of a fact about the plaintiff.There are five elements that make a statement defamatory: There are two types of defamation: written defamatory statements are libel and spoken defamatory statements are slander. Defamation Types and Elementsĭefamation is a false derogatory statement that is communicated to a third party, harming the reputation of the person it is about. This article will also go over an easier way to put a stop to defamation with DoNotPay. For business owners, we’ll go over the steps you can take to report false reviews. This article will help you understand what defamation is and your potential liability as a Yelp reviewer. So what happens when a Yelper posts a review that is completely false? Business owners are now taking legal action against negative reviewers in the form of a defamation lawsuit. Businesses are at the mercy of consumer reviews made on review platforms like Yelp. Defamation Demand Letters Yelp Lawsuit Defamation - Questions Answered Yelp Lawsuit Defamation - Questions Answeredĭefamation cases against online reviews have been common in this day and age.

[nourattorneys]

The Legal Risks for False Allegations in UAE

Any individual who insults another person or entity or claims that another person is receiving criticism or punishment from the public as a result of such false charges through online platforms will be prosecuted, according to article 20 of the UAE Cyber Crimes Law. The punishment for false accusations includes a fine of at least Dh250,000, a maximum of Dh500,000 and imprisonment.

It is important to remember that any comments posted, whether anonymously or not, can lead to criminal defamation charges and a need to hire criminal lawyers in Dubai. We have already seen it first-hand: the large number of defamation cases brought against people living in the UAE, most of them in the context of social media.

One of the most recent highly publicized cases involves a woman convicted of insulting a family member via WhatsApp. Another case resulted in four people being jailed for exchanging defamatory statements on Twitter.

Defamation under the UAE Criminal Code

There are two different types of defamation offenses which are set out in Article 372 and Article 373 of the UAE Penal Code. Article 372, in particular, deals with advertising that exposes a victim to public scorn or hatred. Section 373, on the other hand, deals with falsely accusing a person or entity resulting in disgrace or disgrace of the victim in the public eye. For handling your criminal cases we have criminal lawyers in dubai.

The following must be proven for a criminal complaint over defamation to be successful:

Someone made a defamatory comment or a false charge on social media or in another manner.

The complainant was harmed by the comments.

The statement was given to a third party (it might have been written or spoken).

The absence of a single component may compromise the strength of a defamation claim.

The Dubai Court of Cassation considers that defamatory statements are likely to cause the person or entity defamed to be subjected to humiliation or punishment among their peers or the community. The Court recently concluded that merely criticising a person or thing can be considered offensive or defamatory. This applies if it goes beyond the bounds of propriety or has adversely impacted the honour of the offended party.

The accused will face up to 2 years in prison and/or a fine of up to Dhs 20,000 if the defamation was committed orally or in person and the accused is proved guilty under the Penal Code. Furthermore, if a statement is made to a public official, the courts will see it as an aggravating circumstance. This will further increase the severity of the punishment.

Statements that insult a person's honor and/or family will also be subject to more severe penalties. This is also a different crime in itself. This means that it carries its penalties and one should immediately look for law firms in Dubai.

How to Handle False Accusations in the Workplace by Employers

The following are suggestions for how employers should respond to workplace slander:

Due to the prevalence of false charges in the workplace, applicable UAE law mandates that businesses handle complaints by their official corporate complaint policy.

Companies should amend and update their Internet use policies and provide training and guidance for employees on responsible and appropriate online commenting.

Effective complaint policies explain the correct procedures for filing complaints. Employers are also encouraged to comply with applicable disciplinary and grievance procedures. We have employment lawyers in dubai.

If you are an employer in the UAE, we encourage you to ensure that staff members have an avenue to raise concerns. However, it would be very prudent to advise them of the disciplinary action involved. Disciplinary action will be the most likely outcome for anyone who makes false accusations against a person or entity in the workplace. You must definitely hire legal consultants in Dubai. Because a legal advisor in Dubai can guide you better than anyone else.

[paper-lilypie]

JOHNNY DEPP ✨WON✨

[pyaasa]

Heard also lost because her legal team could not catch a break. They did not succeed in moving the case from Virginia, where Depp filed suit and where the Post’s servers are situated, to California, where Depp and Heard reside, where much of their relationship unfolded, and where legal protections (known as anti-slapp laws) for people who speak up on matters of public interest—such as preventing domestic violence—are significantly stronger than in Virginia. They could not get the case dismissed after the High Court in London, in 2020, ruled against Depp in his libel claim against the tabloid the Sun, which called him a “wife beater”; the judge in that case found that twelve of Heard’s fourteen abuse accusations as presented in court were proven to be “substantially true.” They could not exclude from the jury pool a man who read out the following text from his wife: “Amber is psychotic. If a man says a woman beat him, they never believe him.” They could not present evidence in Heard’s favor that the judge, Penney Azcarate, ruled out as hearsay, including testimony from seven medical professionals that Heard had reported contemporaneous episodes of abuse to them and a series of text messages from one of Depp’s employees, Stephen Deuters, in which Deuters appears to acknowledge that Depp physically harmed Heard on an airplane. (“When I told him he kicked you, he cried.”)

But the two most crucial strikes against Heard may have been that Azcarate permitted cameras in the courtroom and did not sequester the jury—a perfect one-two for Depp’s online brand of asymmetrical warfare. Trials are not often live-streamed in Virginia; that one centered on allegations of domestic abuse, including sexual assault, was televised is downright shocking. (Certain passages of Heard’s testimony in the U.K. case were kept confidential even in the final ruling; in the U.S., those details, as recounted by Heard in Virginia, were made available on YouTube in perpetuity.) The trial’s live stream provided hours of raw material for the fancams, TikTok lip-synchs, and cheapo animations that the pro-Depp legions used to saturate every corner of digital space. “Remember tonight do not do any outside research,” Azcarate would often admonish the jury when they took a break, revealing a naïveté about the inexorable seepage of the #JusticeForJohnny movement into every social-media feed. To “research” the case only required glancing at TikTok, Twitter, YouTube, or Instagram, where Heard was cast as the delusional harpy and Depp as the lovable rogue. (As Amanda Hess wrote, in the Times, “I did not follow the defamation trial between Johnny Depp and Amber Heard—it followed me.”)

Was rereading the New Yorker article about the verdict and got angry all over again.