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If both parties of a case are responsible for libel, what kind of sentence should they get?

Defamation Law Discussion Forum

If both parties of a case are responsible for libel, what kind of sentence should they get?

Postby kendell » Wed Dec 21, 2011 3:16 pm

Do both parties get sentenced? What kind of sentences are given for committing libel?

For example, if a teenager posts a blog about an ex-boyfriend, listing several of his personal and physical flaws, and the ex-boyfriend responds by posting a blog of his own that states several untruths about the person who posted the original blog. Then, both parties' parents sue each other for defamation of character.

How would the law apply?
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If both parties of a case are responsible for libel, what kind of sentence should they get?

Postby koltin » Wed Dec 21, 2011 3:28 pm

The attorneys would be the only people benefiting. You would have to prove the libel and then you would have to prove the financial damages that resulted. So, even if you proved libel, you do not necessarily have financial damages that can be proven and awarded.

I recommend that the two groups of parents agree to remove all offensive material, agree to cease and desist and agree to end the lawsuits.


Lets say that the girl puts defaming information on a blog that her ex boyfriend has a small %$^%. Lets say that he sues her and the judge agrees that libel has been committed. Now, the boy must prove that that comment in some way impacted him financially. Very Very difficult to prove
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If both parties of a case are responsible for libel, what kind of sentence should they get?

Postby dent81 » Wed Dec 21, 2011 3:30 pm

Libel and defamation of character are civil actions; there are no "sentences" in civil actions. There are judgements, which generally involve a monetary penalty.
Each case would be decided on its own merits.
If the "personal and physical flaws" posted by teenager #1 are in fact true, no defamation of character has occurred and that case should be decided in favor of the defendant.
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If both parties of a case are responsible for libel, what kind of sentence should they get?

Postby cleirach70 » Wed Dec 21, 2011 3:41 pm

Libel is a civil action. No one is going to jail. They can sue each other for monetary damages if they want.
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