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Is this considered libel/slander/defamation?

  
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Is this considered libel/slander/defamation?

Postby pete » Sat Jun 09, 2012 9:48 am

One neighbor sent me page 1 of a 7 page document stating that another neighbor was arrested in 2003 for suspected sexual abuse of a child. (it is now 2012) Case went to trial and he was found not guilty. Also the accuser recanted her story (was a family member) In pages 2-7 the case is documented and states that the accused was found not guilty. Is this permissible? I realize the arrest is public knowledge as is the outcome of the case but the information was disclosed to me in order to damage the friendship between my family and the family of the accused. In other words the information was disclosed maliciously. Does not seem right to me that someone is allowed to do things like that.
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Is this considered libel/slander/defamation?

Postby hrafn » Sat Jun 09, 2012 9:49 am

One neighbor sent me page 1 of a 7 page document stating that another neighbor was arrested in 2003 for suspected sexual abuse of a child. (it is now 2012) Case went to trial and he was found not guilty. Also the accuser recanted her story (was a family member) In pages 2-7 the case is documented and states that the accused was found not guilty. Is this permissible? I realize the arrest is public knowledge as is the outcome of the case but the information was disclosed to me in order to damage the friendship between my family and the family of the accused. In other words the information was disclosed maliciously. Does not seem right to me that someone is allowed to do things like that.
Truth is the ultimate defense for defamation. Page 1 contained truthful information.
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Is this considered libel/slander/defamation?

Postby colten » Sat Jun 09, 2012 9:53 am

If the facts as stated on the document are true, or at least the sender has reason to believe that they are, then it is perfectly legal to disclose them.

Truth is always a defense against a charge of libel.

Maliciousness is ONE of the criteria for a finding of libel, but not the sole criteria.
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