Comments on: Twitter is safer in America: lessons from two sex scandals

By: Abhi

Abhi — Sat, 01 Dec 2012 13:56:33 +0000

Peter, say hello to the Sheffield Forum for me I haven’t posted there for a while.If you canhge people’s names but they’re still recognisable, then you could still be in trouble; and it’s hard to write an effective memoir without making people recognisable.The best solution is to seek proper, written permission from those who are discussed, but this can be tricky, especially if you’re writing about difficult times. There’s no easy solution, I’m afraid.I’d ask your agent and publisher to advise you publishers have legal teams to work in situations like these. I’d strongly advise against self-publishing such a book (Google the name Rebecca Brandewyne if you want to read why), and would also advise against using your local solicitor if you’d rather get your own legal advice: you need a lawyer who is a specialist in intellectual property for a definitive answer.

By: Paul

Paul — Mon, 19 Nov 2012 22:34:08 +0000

the major difference is that in the McAlpine case the accusations were completely unfounded and the accuser recanted quickly.

in the Kevin Clash case the argument wasn’t that Clash never had sex. the argument was Clash had sex with the guy when he was 17, not 16.

it is a case of false equivalency

By: thewarriorforjustice

thewarriorforjustice — Mon, 19 Nov 2012 12:43:22 +0000

In India, it is becoming more and more dangerous to say anything.

There has been a law pass called 66A in IPC on whose name arrests are happening for the allegedly corrupt, high and mighty.

Recently the son of the current finance minister Mr. P. Chidambaram have one small time business owner get arrested at the dead of night. The police was asking for additional 15 days of judicial custody ! This is all due to a twitter message.

Today 2 girls are arrested for posting comments facebook comments. Yes, they just commented that Mumbai should not be getting into a bandh mode due to one person passing away as per the police!!

This week, one person was arrested in Chennai for taking the photograph of finance minister – again Mr. P. Chidambaram.

I do not know when someone in India now a days can be arrested. Looks like citizens have no say on anything.

By: Mark Pack

Mark Pack — Mon, 19 Nov 2012 10:46:43 +0000

Jeff: I think your question misses the big difference between these two case. In the UK case, the BBC decided (after consulting with lawyers) that they didn’t have enough evidence to the name the person, and it was in that context that people speculated over who it was.

In the US case, as I understand it, several news outlets named a person and people shared links to the stories they ran.

The latter is a relatively easy mistake to make – linking to a story that has been published, contains apparent evidence but which later falls apart under closer scrutiny. The former – naming someone that the BBC had decided it didn’t have the evidence to name – is rather different (even acknowledging that some people were saying they thought the BBC didn’t name the person because of a conspiracy / cover-up / lack of bottle).

By: Jeff John Roberts

Jeff John Roberts — Mon, 19 Nov 2012 02:40:05 +0000

Thanks for your comments. I didn’t intend to suggest that there are no limits to free speech. The BBC behaved badly here and is being deservedly punished (though it’s a shame UK citizens ultimately foo the bill). But do you think everyone who repeats the BBC should be punished too?

But I stand my ground on the issue of libel laws. In general, I greatly respect role of UK judges in developing our common law but their track record on defamation is a disgrace.

By: Monique Harrison

Monique Harrison — Mon, 19 Nov 2012 02:22:08 +0000

So In the UK people are held responsible for their actions. In the US they are not??????

How is free speech served by allowing people to spread vicious life-destroying trash without any personal accountability? Free speech is for grownups. And grownups accept responsibility for any harm they cause.

I am American. Proud of our history of individual freedom and personal accountability. And sorry that my country is increasingly populated big babies who think they are not responsible for their own actions.

By: RalphF

RalphF — Mon, 19 Nov 2012 00:52:35 +0000

Shouldn’t you title this article, “Defamation is safer in America…” That’s what it amounts to, and doesn’t sound as good when you say it that way does it?

By: jonbinspired

jonbinspired — Sun, 18 Nov 2012 22:23:46 +0000

Yes, companies are much safer in the USA. Who cares if people are wrongly accused.