Slander and Copyright Question: Insulting People and Websites

Discussion in 'Legal Issues' started by hallwriting, May 26, 2010.

  1. #1
    I would be using Adsense alongside a blog for this idea. Basically, I see someone write something online that I feel is ridiculous, discriminatory, stupid, etc. It could be a forum post, a blog comment, a blog, a news article. Anything.

    If I want to insult these people (Canadian if it matters), how can I go about it? Can I quote selections and link the source? Can I paraphrase and link the source? If I see someone named "Bob Jenkins" has ridiculous opinions, can I Google them and dig up dirt, as long as it's factual?

    I've always had a knack for offending people, and it's an excellent way to generate publicity as I see it. In theory, I could link my blog posting in the same location as the original "stupid remark," start controversy, and be on my way.

    Even if I don't go as extreme as the above, I'd be interested in knowing the legalities since I'm working on a political blog and the above tactic would occasionally be relevant.
     
    hallwriting, May 26, 2010 IP
  2. Karen May Jones

    Karen May Jones Prominent Member

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    #2
    Hey, you can talk smack all day long as long as it isn't aimed in a personal way. I think giving the name bob jenkins would be wrong unless you were pointing out facts from official documents. You can get by with finger pointing as long as you aren't basing it on rumors. Of course you are allowed to speculate, but make it known that you are only expressing your personal ideas on the matter. Think you can handle that and still gripe about stuff? lol

    Instead of me saying that bobsmith101, a member of xyz forum is such a retard because he can't spell or speak properly, I would write something like this...
     
    Karen May Jones, May 27, 2010 IP
  3. joebert

    joebert Well-Known Member

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    #3
    I'm not sure how long it would last before advertisers didn't want to touch your site with a 10 foot Ethernet cable. Especially Adsense advertisers.
    Historically, but perhaps most recently with Glen Beck, advertisers tend to run away from inflammatory shows/publications/etc.
    You might have to go out and find advertisers on your own, places like Hustler Magazine, whoever the hell Glen Beck has left, etc rather than use Adsense.

    Next time you take a trip to the grocery store, buy a couple of tabloid magazines while they're ringing up your items at the register. You might get some ideas you hadn't considered before. :D

    --

    But yeah, I can't help but think of a tagline along the lines of "So raunchy, we're the only thing on Glen Becks parental control list"
     
    Last edited: Jun 2, 2010
    joebert, Jun 2, 2010 IP
  4. xanth

    xanth Active Member

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    #4
    The advice you're given is wrong.

    1) You can practically write whatever you want as long as it is TRUTHFUL or in other words DOES NOT LIE AND IS FACTUAL about the subject matter. It has nothing to do with personal or not in nature.

    2) If you're using adsense or other advertising network, be aware of their guidelines. There is plenty of leeway.

    Here are the Elements of Defamation Claims - Libel and Slander
     
    xanth, Jun 20, 2010 IP
  5. Karen May Jones

    Karen May Jones Prominent Member

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    #5
    You are wrong. The advice we gave is correct. We said as long as it is factual it is OK, and also to be careful with promoting HATE because advertisers might drop like flies. Quit trying to twist things around.
     
    Karen May Jones, Jun 27, 2010 IP
  6. xanth

    xanth Active Member

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    #6
    Where exactly did you use the word "fact" above in your post? Can't find it. What you wrote was that as long as it isn't personal and not based on rumors you can write whatever you want. Legally that just isn't true, no matter what you say you said or intended. The law here is complex and requires precision when using words. No harm done, we can discuss it all civilly.
     
    xanth, Jun 27, 2010 IP
  7. lcwadminbj

    lcwadminbj Peon

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    #7
    and open your self up to a law suid by G B for using his name in a false advertising stement!

    Very intelegent - NOT.
     
    lcwadminbj, Jun 28, 2010 IP
  8. contentboss

    contentboss Peon

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    #8
    I'm no lawyer, but as I understand it, while truth is an absolute defence in most jurisdictions, being right doesn't stop someone filing suit. If you insult someone with deep pockets, even if what you say is correct, you could end up in a world of legal trouble.
     
    contentboss, Jun 28, 2010 IP
  9. xanth

    xanth Active Member

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    #9
    If it's an easily proven truth, then it's done with regard to defamation. Deep pockets will not be allowed to file a lawsuit that is frivolous.

    That said, it doesn't stop someone from suing under another cause of action if it is available, e.g. "intent to cause emotional distress."
     
    xanth, Jun 28, 2010 IP
  10. Karen May Jones

    Karen May Jones Prominent Member

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    #10
    Then you need to read it again as I said pointing out facts
     
    Karen May Jones, Jun 28, 2010 IP
  11. xanth

    xanth Active Member

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    #11
    Pointing out facts is not the same thing as ensuring that everything in your post IS fact. And regarding the ability to "talk smack" - there are other causes of action besides defamation. But no need to bother continuing the conversation. Point made and the OP now clearly should understand the law.
     
    xanth, Jun 28, 2010 IP
  12. Karen May Jones

    Karen May Jones Prominent Member

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    #12
    LoL, you're right, I hope he does, if nothing else maybe we've scared the hell out of him! :D
     
    Karen May Jones, Jun 28, 2010 IP