9 Dec 2007

Lady Fairwaters,,,,you are better - great to read you again

LIBEL / DEFAMATION OF CHARACTER
09.12.07, 12:17am
Are civil cases not criminal which still raises the question who is paying and will they have a penny left after. As for their success rate- wouldn't count much on it as long as an idea is expressed as such- IMHO or I believe it is not seen as defamation- If I have misunderstood this please be free to share. As for the sheer numbers of people involved all I can say is Clarence reminds me of King Canute.
• Posted by: plainwatersReport Comment



Civil and criminal law are two separate branches. Civil law is there for individual citizens to protect their own rights by a court action if need be. Defamation is therefore part of the civil law. The law of negligence is another example of the civil law - like when you seek compensation off a negligent motorist or hospital doctor. The State will not seek to protect individual rights such as this - it is up to you. Taking an action for defamation is expensive and there is no legal aid to help you either - for this reason only better off people generally have access to the law. For an accident claim it is different - you can enter into a no win no fee agreement with a solicitor so provided you have a good case, should be able to get a solicitor.

The criminal law on the other hand is not about individual rights it is about wrongdoing that is considered to be against society as a whole and therefore the state takes action against the individual. Sometimes you can find cases where both the civil and criminal law are in play. E.g. the motorist drives without due care - that is a criminal offence that he can be prosecuted for in the Magistrates Court. He can also be sued in the civil court in the law of negligence for the injury he caused to you and your property. There are various examples of abusive behaviour towards individuals that are criminal offences and the state will prosecute - inciting racial hatred e.g. by writing offensive racist comments on an internet forum; pursuing a course of conduct likely to cause harassment alarm or distress e.g. repeated personal attacks against someone on an internet forum. This sort of behaviour the State rightly says will not be tolerated and if someone is offended by such behaviour and makes a complaint to the police the police may decide to investigate the matter. Sometimes there is no need for individual complaint - the police may become aware someone is behaving in a racist manner and take action against them off their own bat without any complaint. If they believe there is a case to answer they would then seek advice from the Crown Prosecution Service who would make a decision as to whether that person should be prosecuted. The CPS consider whether a prosecution would be in the public interest - serious and repeated instances of harassment and racist conduct are almost always prosecuted because they represent particularly evil behaviour that is to be deterred in a just tolerant and decent society that we aspire to.

I Hope that has helped but if you want to know any more - you only need to ask!

I am glad you are back in the swing

Luv Vivx

3 comments:

felicity said...

ROSIEPOPS
09.12.07, 12:13am

Why are you so concerned about your posts concerning 'stupid' Portuguese journalists and your vilification of all Muslims and the whole nation of Sudan appearing on Viv's blog? You wrote them. They have just been copied onto there to show what bigots some people can be.. I don't think you have any cause for complaint. They remain your words.

• Posted by: docmac • Report Comment

josiepublic said...

Hi Lady Viv? Felicity- glad to read your plaster is off. It seems your learning Portuguese is at roughly the same level as mine; although I would never have called Docmac a she- I do get the a ending- its how words are decided to be feminine/ masculine that intrigues me. I suppose Docmac- might be covering but somehow I don't believe he is. Thanks for the info about the laws of defamation you are a goldmine. (i mean that in the nicest possible way!) I have to go now- just popped by for a chat but you can be sure I read your blog at least once a day.
Lots of love Plainwaters XXXXXX

felicity said...

hiya plainwaters - lovely to see you back and sorry wasnt on earlier on when u dropped by. It takes me a long time to answer a very short message in Portuguese and even then sometimes have to cheat and get google to help me! Dont think I will ever remember how to spell kisses in Portuguese but I really do send them kisses because they are so lovely and so are you. Getting involved with the DE forum was a first for me and it is amazing that I have met some of the very best examples of human nature and some of the worse! Dismal that the worse have all been UK - they are a real thuggish embarassment! When I see your legal type questions on the DE I am never sure whether I am being a bit patronising by answering them on here - so glad to get your appro! I am pleased you find the blog worth reading. When I get questions to answer directly on here that is always going to make it better rather than having to revert to the DE. So if you have any more try coming direct - I do not attempt to read everything on the DE. Sometimes when the Pro-Madeleine group are on in force it is a fascinating read but then other times it descends into the most unbelievable boring rubbish which is not worth reading!

Loads of love to you
Minha querider amiga
(my dear friend, I think! and in the feminine I hope - because you are very feminine and Docmac is very masculine! but still thoroughly nice decent sort of chap!)

Laters! Call back real soon.
Viv xxxxxxxxxxxxxxx

PS Just done another couple of legal type answers - hope you find those helpful as well!