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Author Topic: Law Question 2.0: On Harassment, Libel, cyberbulling, etc.  (Read 1332 times)

ragnarok97071

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Law Question 2.0: On Harassment, Libel, cyberbulling, etc.
« on: August 31, 2014, 11:27:04 pm »

The subject of this thread is really very simple. I have a question that I'd like answered by the legal people here on B12, and would be interested in getting an answer about it.

Put simply, when, exactly, do threats and defamation reach the point as being legally considered libel or harassment?

This is something a friend of mine is currently going through, and I'd honestly like to know just what sort of bounds those on the other side have to reach before action outside of just reporting them to the given sites and such, which they've tried?

At what point does bashing someone on the internet become harassment, and when does it become bad enough to count as character defamation/libel, and how serious would these claims be if brought up?

Thanks in advance,

Ragnarok
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Mr. Strange

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Re: Law Question 2.0: On Harassment, Libel, cyberbulling, etc.
« Reply #1 on: September 01, 2014, 05:00:09 pm »

Depends very much on where you live.
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lordcooper

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Re: Law Question 2.0: On Harassment, Libel, cyberbulling, etc.
« Reply #2 on: September 01, 2014, 05:27:25 pm »

OP didn't feel the need to specify so there's a 95% chance of it being the US.
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nenjin

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Re: Law Question 2.0: On Harassment, Libel, cyberbulling, etc.
« Reply #3 on: September 01, 2014, 07:22:57 pm »

Quote
do threats and defamation reach the point as being legally considered libel or harassment?

Threats and harassment are distinct from libel and defamation of character. The first two are criminal offenses. The last two are civil.

Going back to my media law days, I think the following need to be in place to prove libel*:

-The statements or claims must be demonstrably false. ("Soandso is gay" is and isn't a proveable claim, depending on the circumstances.)

-I *think* the plaintiff has to demonstrate their reputation or livelihood has been damaged in some way as a result of these claims, if they seek any sort of monetary compensation.

And while there's no specific laws regarding this, I think scope plays an important part too. A complaint for an isolated incident of libel on a forum using psuedonyms isn't going to go very far. An organized campaign of exposing and libeling someone across a variety of sources does carry more weight. If the plaintiff's real identity was never revealed, then I think you have to demonstrate that their online persona was somehow damaged as a result of this. Like if their youtube page was taken down, and they lost sweet internet monies as a result. The law hasn't caught up on your real vs. digital identity so much in civil cases, although that may be changing because of all the internet bullying news.

*I am not a lawyer
« Last Edit: September 01, 2014, 07:26:17 pm by nenjin »
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ragnarok97071

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Re: Law Question 2.0: On Harassment, Libel, cyberbulling, etc.
« Reply #4 on: September 01, 2014, 07:59:14 pm »

OP didn't feel the need to specify so there's a 95% chance of it being the US.

Yes, it's the US.
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Morrigi

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Re: Law Question 2.0: On Harassment, Libel, cyberbulling, etc.
« Reply #5 on: September 02, 2014, 05:31:12 pm »

Well, in terms of federal law, it'd be next to impossible to get a case of defamation through if it's entirely relegated to the internet. That said, if threats are being made that make the victim reasonably fear for their safety, it could potentially be prosecuted as assault, criminal menacing, intimidation, etc. (depends entirely on state law) if the suspects can be found.

If the surname of the person in question happens to be Quinn or Sarkeesian, well, good fucking luck.
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ragnarok97071

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Re: Law Question 2.0: On Harassment, Libel, cyberbulling, etc.
« Reply #6 on: September 03, 2014, 01:46:53 am »

Nope XD

Just a normal friend that happens to be having some trouble with rather persistant assholes.

And it's mostly just threats to break into their accounts and delete a bunch of stuff, and general bashing/lying/accusations of things they didn't do.
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3man75

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Re: Law Question 2.0: On Harassment, Libel, cyberbulling, etc.
« Reply #7 on: September 05, 2014, 06:34:43 pm »

Nope XD

Just a normal friend that happens to be having some trouble with rather persistant assholes.

And it's mostly just threats to break into their accounts and delete a bunch of stuff, and general bashing/lying/accusations of things they didn't do.

Is this from the something awful forums by any chance?
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ragnarok97071

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Re: Law Question 2.0: On Harassment, Libel, cyberbulling, etc.
« Reply #8 on: September 05, 2014, 10:38:39 pm »

Nope XD

Just a normal friend that happens to be having some trouble with rather persistant assholes.

And it's mostly just threats to break into their accounts and delete a bunch of stuff, and general bashing/lying/accusations of things they didn't do.

Is this from the something awful forums by any chance?

Tumblr.

To the point that there are a series of blogs literally called 'fuckno[person's internet handle]'.

And the mods/admins won't make a move against it.

I believe they said doing something would violate freedom of speech, which is pure bullshit, too.
« Last Edit: September 05, 2014, 10:41:00 pm by ragnarok97071 »
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