Quote:
Originally Posted by Andrew H.
I'm not an expert on UK law, but Harry did say "libel" and not "defamation," which is a broader concept. In the US, for example, where it is much more difficult to prosecute a libel case than in the UK, truth is an absolute defense to libel. But it isn't a defense to certain other offenses involving communication, such as "invasion of privacy," where someone publishes embarrassing (but true) information of a private nature concerning a private individual. I.e., if you find an embarrassing package of love letters that fell out of my pocket, you can't necessarily publish them on your blog without repercussions. (Although you may be able to if I'm a public figure, or if they relate to a matter of genuine public interest.)
But none of these niceties really are at issue in this particular case, where the pirate himself invited the attention by letting hundreds or thousands or millions of people know that he was a pirate. If Goodkind could file a suit against the guy (which would be public document including all of the facts already published, possibly more), he can also make this information public without filing suit.
OT - The background on why some people don't like Goodkind is interesting. I read "Wizard's First Rule," which I liked enough to read the second book in the series, which I didn't like enough to to read any more by him. But since those books are fairly conventional, not to say formulaic, I always wondered about why some people felt so strongly about him.
|
Nor am I "expert", though I am experienced. My tertiary training in law began and ended with a couple of units of business law, but my mother was a magistrate and I grew up in a quasi-legal environment. I use defamation in its intended broader sense, libel, slander etc., are specific forms of defamation. My experience comes from my early days in journalism, covering court cases, plus my tertiary training in journalism. Ethics and law, particularly law pertaining to defamation as it applies to journalism are two areas that are heavily emphasised. A matter of self preservation in many ways. A number of journalists and their employers have lost cases when they had only published truth. In my direct experience, defamation - of whatever nature, often requires proof of damage or loss, the issue can go beyond true or false.
With regard to Goodkind, is it only on these forums that you find him disparaged or is it elsewhere? I have not read anything from him - not in my area of interest. Some people do have a way of polarising others - I do. I am often less than politically correct, in fact I find political correctness to be one the most negative influences on modern society. When you lose the ability to say exactly what you feel in an honest manner, you might as well keep silent.