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  Oracle Tips by Burleson

Web Stalkers
Chapter 5 -
All About Cybercrime

Note:  This is a literature review prepared by a non-lawyer and this research may not be construed as legal advice.  If you are seeking legal advice of qualified attorneys, consult your local Bar Association, not my web pages.

For details see, Bloggers may be liable for blog comments

The Judgment-Proof Libeler

This has led some to shift their focus to the moderator of a forum in which the libel occurred.  The moderator’s function may at first seem well-suited to stopping libelous information soon after it hits the net.  Consider the following, however, to see if that is really the case:

First, remember that for a statement to be considered libelous under the law, a number of conditions have to be met.  It must be shown that malicious intent motivated the accused and that they knowingly made false statements or engaged in reckless disregard for the truth.  The mere falsehood of a statement is not enough.  Whether these conditions apply in a given instance can take months for even courtroom proceedings to determine. Without some sort of special insight, a moderator is in no position to make these kinds of judgments on the fly.

Secondly, moderators are no more likely to have the financial resources to cover damages than the libeler themselves.  If one can’t get blood from a turnip, going after another turnip doesn’t make a lot of sense.

The laws that apply to Internet communications are still in the developmental stages in some cases.  It remains for the legislators, judges and juries in the courtrooms of the world to construct a legal framework on which to build upon in the years ahead.

Challenging the Defamers

Whenever someone’s reputation has been damaged by individuals on the Internet, attorneys say that the first step is to allow the offender to retract and mitigate the damage.

The above text is an excerpt from:

Web Stalkers
Protect yourself from Internet Criminals & Psychopaths
ISBN 0-97-45993-9-5

by Donald K. Burleson, Stephen Andert

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