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smarty
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PostSubject: DEFAMATION   Sat 15 May 2010 - 0:19

What is a defamatory publication?

The definition of "defamatory matter" varies among Australian jurisdictions. In some jurisdictions common law definitions apply, while in others (e.g. Queensland and Tasmania) the definition has been codified.

Very generally speaking, material that could be found to be defamatory includes that which has the tendency to lower the person in the estimation of others, or that would tend to result in the person being shunned or avoided or that is likely to expose the person to hatred, contempt or ridicule (trivial ridicule or good natured humour is less likely to be problematic than derisory ridicule).

In its 1996 report on defamation law, the A.C.T. Community Law Reform Committee outlined defamation as follows:

"Defamation is the publication of words or images to a person that damages the reputation of another ['slander' if spoken words, 'libel' if written words or images]. A defamatory statement is one that is likely to cause ordinary, reasonable people to think less of the person about whom the words or images are published. An inference that casts a defamatory imputation is enough to bring an action.
The following are examples of defamation:

•An imputation which may tend to cause a person to be hated or despised, or cause them to be treated with contempt by their peers;
•The publication of material that renders a person to ridicule, even if involving humour. The publication of a photograph that contained an optical illusion giving the appearance that someone was guilty of indecent exposure is defamatory;
•Certain caricatures have been held to be defamatory. Determining what is defamatory is notoriously difficult in these matters. The distinction between artistic freedom and defamation will no doubt remain the subject of litigation."
For a defamation action to be successful, it must be established that the communication:


•was published to a third person, i.e. to at least one person other than the plaintiff (person/entity defamed).
•identifies the plaintiff, for example, by name or by a reference to a small group of people, etc.
•contains a defamatory statement or imputation (whether intentionally published or not).
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smarty
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PostSubject: Re: DEFAMATION   Sat 15 May 2010 - 0:20

Quote :
The publication of a photograph that contained an optical illusion giving the appearance that someone was guilty of indecent exposure is defamatory;

Where have I seen that?
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smarty
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PostSubject: Re: DEFAMATION   Sat 15 May 2010 - 0:23

In relation to defamatory material published on the Internet:

•Internet users may be sued in relation to material they write/publish themselves, or if they re-publish/distribute material written by someone else. They may also be sued if another person publishes something they wrote, for example, an email published without the writer's permission on a web site.

•Internet Service Providers (ISP) and Internet Content Hosts (ICH) may be sued in relation to information published by someone else, for example, published by a person who used an ISP's or ICH's system, web server, chat boards, etc, to make information available via the Internet.
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smarty
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PostSubject: Re: DEFAMATION   Sat 15 May 2010 - 0:29

The communication identifies the plaintiff

The plaintiff has to prove that the plaintiff was the person identified by the communication. This is obviously most straightforward when the plaintiff is actually named, but other information may be sufficient. Even the use of a false name may not save you if the plaintiff can be identified by other means.

INTERESTING!


here's a lovely little fact sheet for your viewing pleasure....

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smarty
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PostSubject: Re: DEFAMATION   Sat 15 May 2010 - 0:30

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smarty
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PostSubject: Re: DEFAMATION   Sat 15 May 2010 - 0:31

why can't this forum publish links?

surely you can verify where you got things?

artslaw.com.au/LegalInformation/Defamation/DefamationLawsAfterJan06.asp
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judge
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PostSubject: Re: DEFAMATION   Sat 15 May 2010 - 4:45

I have been waiting for 5 years for someone from Yahoo to sue me, and am still waiting for my rightful turn in court, so I can finally see their faces.



Very Happy ...... hahahahahah


I suspect the plaintiff roogal_200 will be taking action alongside fordsrule351 against a defendant mellic234...

CASE DISMISSED!!!!

*Judge sits there shaking his head wondering why he entered the profession to begin with*

When he feasts his eyes on pages and pages of Internet trolling , enough when unraveled to complete 3 round the world trips ..... spooled from the mouthes, keyboards of both the defendants and the plaintiffs.... for the last 5 to 6 years... saved text messages, emails, death threats, emails, tireless harassment endured by the plaintiff (come victim) for the past 5 years. ... (even screen-saved confessions of their having called and harassed the plaintiffs relatives, friends and childs school) .....Yes, this could get very interesting indeed, in fact, even complaints made to the ACMA concerning online harassment and inappropriate content might also form part of the inquiry, this and be required in court by way of
subpoena duces tecum. With respects to how messy and intricate this case will undoubtedly become. One side will view it as a means of shutting the accused up, once and for all, whereby the accused will deem it an official opportunity to open an entire can of worms, this and have documentation subpoenaed to court...without their having to initiate expensive legal action themselves. Smile And can the defendant demonstrate their having provided information to the authorities, and various agencies in the past to verify they initially sort other avenues to address their concerns? (This is what th courts will ask) and the defendant can, with respects to her having contacted the police, various agencies, and even the ACMA about matters in the past verify this fact, ..... however, have the plaintiff sort action or addressed their concerns formally to any authority to date? This and can demonstrate this to the courts how they have?

In order to successfully sue someone, one has to demonstrate how another having referred to them either personally or indirectly (by means of Internet handle) has resulted in some sort of suffering, loss or damages, be it monitory, or personal.
When the judge sees how their having instigated even actively pursuing, trolling, contacting the plaintiff what do you suppose they will think?

It will look like exactly what it is, the guilty parties wanting to shut someone up they have relentlessly trolled and harassed on the Internet and in real life for the past 5 years.

I can tell you now, it wont be you being awarded damages, not with respects to the evidence I have to demonstrate how you have unprofessionally/criminally conducted yourself online for the past 5 years.

Smile

Pain and suffering?

Loss of income?

A deterioration in professional standing, ......Not yet, though once this mere civil class action launches into more 'criminal' proceedings, (death threats are illegal) as is harassing someone personally in real life, ..... I have a feeling this might make just enough noise to make quite a few interested parties sit up and take notice of whats really lurking behind the scenes on social net-working sites such as Yahoo!7, of which undoubtedly requires investigating.

Why am I telling you this?

Because I know for this very reason you wont take action.


Yes, this is a bummer for me, for ideally, I require you to initiate proceedings, so I may surrender the evidence I have accumulated to date to the courts, but there is more than one way to skin a cat, it's just it takes a little bit longer, thats all.

Smile Slow and steady wins the race, you have much more to lose than I do ....and I know you know this Carl.


This is probably the best sex you have had in years, and to think, you still haven't .....ummmmmmm
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mellie

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PostSubject: Re: DEFAMATION   Sat 15 May 2010 - 4:53

And yes, this forum can publish links, though you have to register a user name first.

Smile
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idoit
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PostSubject: Re: DEFAMATION   Sat 15 May 2010 - 9:14

trouble is, not everyone is one person as you seem to believe.

the person that instigates proceedings against you won't be 'travey' - whoever that is.
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mellie

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PostSubject: Re: DEFAMATION   Sat 15 May 2010 - 9:29

I would have thought with respects to the individuals in question having part ownership in a law-firm ....action would have ensued well before now.


Cool Well, I had hoped.
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notso
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PostSubject: Re: DEFAMATION   Sat 15 May 2010 - 9:41

*waves to kezza aka jen* I know your watching .. Laughing soo when is the court date? Laughing Laughing Laughing Laughing Laughing
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mellie

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PostSubject: Re: DEFAMATION   Sat 15 May 2010 - 9:45

Quote :
soo when is the court date?


I hope it's soon, I already know what I'm going to wear, went and bought it this morning.




Cool ... I hope it's still in fashion by the time I get to wear it, alternatively, I'll just wear it to it's funeral instead.


Smile
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whoa!!!!
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PostSubject: Re: DEFAMATION   Sat 15 May 2010 - 9:57

you are wearing the pretend outfit to its funeral?????????
subtly threatening Kez now eh???????


I knew someone like you once, that person was rather likeable but had huge problems, eventually that person was committed for their own safety and others and it was not a nice thing to see that person walking around like a zombie because of the prescription drugs, not being coherent, messy toilet habits and all



That person was just like you are now mellie, all that grandoise thinking all came to a halt
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mellie

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PostSubject: Re: DEFAMATION   Sat 15 May 2010 - 10:04

No, not threatening them at all, it's just I figure by the time they take legal action against me they will probably be either quite old or deceased (natural causes) so thought I would take the opportunity to wear my new dress to their funeral.


Why not?


......


Cool
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shady
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PostSubject: Re: DEFAMATION   Sat 15 May 2010 - 10:13

BWAHAHAHAHAHAHAHAHAAAAAAAAAAAAAAAA
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shady
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PostSubject: Re: DEFAMATION   Sat 15 May 2010 - 10:15

giddyup whoa giddyup whoa giddyup whoa

pmsl
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OMGFFS
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PostSubject: Re: DEFAMATION   Sat 15 May 2010 - 12:01

hehehehehehe wasn't it brock,roo and someone else say melli talks like she is on speed.lmaooooooooooooo at melli talking about herself...............OMGGGGGGGGG too funny


i too talked to you too mellie once after u drunkenly put ya phone up and fcken ell you was off yer rocker................... i was gonna cum around............i am not far from yer......hahaha the boys at the base near you thinks this is hilarious..........lmaoooooooooooooooooo


wot a dog she is this whore is eh,,,,,,,,,fcken hell she needs locking up
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mellie

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PostSubject: Re: DEFAMATION   Sat 15 May 2010 - 12:11

For christs sakes, get a life you lunatic, surely you can find another forum to participate in tonight?

Must it always be mine?


I cant believe you are still here banging on about this like a shit house door in the wind.


Go chase some cars down the street or something, lol


Smile
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mellie

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PostSubject: Re: DEFAMATION   Sat 15 May 2010 - 12:25

I'd suggest yahoo, but it's a little quiet over there these days I hear.


Very Happy Ciao
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roo_gal20000

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PostSubject: Re: DEFAMATION   Sat 15 May 2010 - 13:12

Defecation?

I haven't shit in weeks, yu get that being an alcoholic.
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mellie

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PostSubject: Re: DEFAMATION   Sat 15 May 2010 - 15:11

Thats one shiny shirt you are wearing there roo....CAUTION...slippery when wet.





tongue
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Observer
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PostSubject: Re: DEFAMATION   Sat 15 May 2010 - 15:15

You're just a useless piece of crap, Mellie. :twisted"
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youarea
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PostSubject: Re: DEFAMATION   Sat 15 May 2010 - 15:29

useless Rodent.


Defile me you putrid waste of space.





alien
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CLONERS
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PostSubject: Re: DEFAMATION   Sat 15 May 2010 - 16:10

whispers to melli the idiot, you are using and or allowing the use of peoples pictures with the cloned id's that you once posted in yahoo of innocent people , fair dinkum you blowfly, i hope someone brings you down to lick and clean their boots ..........you really deserve it you idiot

YOU ARE THE OWNER OF THIS SHABBY STINKING BROTHEL AND ARE RESPONSIBLE SO GOOGLE THE HELL OUT OF THE PLACE THAT SOMEONE WILL PUT YOU IN ONE DAY............YOU GOT HACKED DID YOU SO YOU CAN BLAME EVERYONE ELSE FOR YOUR FCK UPS IN LIFE??????????LOOK AT THE NAME THAT WILL BE TATTOED ON YOUR UGLY FACE FOR EVER.....^^IDIOT^^


WHAT A LOWLIFE YOU REALLY ARE........AND EVERYONE IS LAUGHING AT YOU, NOT WITH YOU
TIS A PITY YOUR KIDS WILL KNOW WHAT YOU ARE LIKE SOON YOU SCUMBAG


YOU THINK IS EVERYONE IS LIKE YOU??????????? NOT A CHANCE IN HELL YOU RANCID THING


BROCK U GROW UP ALSO ........... YOU ARE BOTH SCUM LIVING IN THE MURKIEST SWAMPS
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upig
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PostSubject: Re: DEFAMATION   Sat 15 May 2010 - 17:40

You are scum Melli is right.

Pig
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