I decided to look a few hot topics up for you guys to clear up the ever cycling question: Is it libel or slander or defamation? SO, grab your popcorn, here we go! Social Media and Defamation ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ With the rise of social media, it’s now easier than ever to make a defamatory statement. That’s because social media services like Twitter and Facebook allow you to instantly “publish” a statement that can reach thousands of people. Whether it’s a disparaging blog post, Facebook status update, or YouTube video, online defamation is treated the same way as more traditional forms. That means you can be sued for any defamatory statements you post online. Higher Burdens for Defamation -- Public Officials and Figures Our government places a high priority on the public being allowed to speak their mind about elected officials as well as other public figures. People in the public eye get less protection from defamatory statements and face a higher burden when attempting to win a defamation lawsuit. When an official is criticized in a false and injurious way for something that relates to their behavior in office, the official must prove all of the above elements associated with normal defamation, and must also show that the statement was made with actual malice. This means, according to the Court, that public officials could only win a defamation suit when the statement that was made was not an honest mistake and was in fact published with the actual intent to harm the public figure/entity. According to the Court, actual malice only occurs when the person making the statement knew the statement was not true at the time he made it, or had reckless disregard for whether it was true or not. I will attach an example of said ACTUAL MALICE in Defamation in the comments section. Moving on. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Now, lets learn about CA LEASH AND TETHERING LAWS!! California Health & Safety Code § 122335 No person shall tether, fasten, chain, tie, or restrain a dog to any dog house, tree, fence, or other stationary object. A person may temporarily tether a dog “no longer than is necessary for the person to complete a temporary task.” Infraction or misdemeanor Animal control may issue a warning to a person who violates this chapter, requiring the owner to correct the violation, in lieu of an infraction or misdemeanor, UNLESS THE VIOLATION ENDANGERS THE HEALTH OR SAFETY OF THE ANIMAL, OR THE ANIMAL HAS BEEN WOUNDED AS A RESULT OF THE ACTIVITY. In conclusion, many can, and will argue that this is not true simply because it doesnt suit them. Oh well...sucks to be you because its the law! Here is my question: If a person is following these animal laws, which any responsible pet owner should know, how could some of these atrocious situations happen with our four-legged friends? Me thinks someone wasnt paying attention. Oh, and lastly, I promised a photo. Well, here it is and YOU guys guess it its Defamation with Actual Malice or just someone spouting off.
Posted on: Thu, 17 Jul 2014 04:55:43 +0000
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