Question about libel

[Populus]

The lack of art and style will be compensated by providing a picture of MatronDeWinter wearing nothing but a chainmail tunic of defense.

Apology accepted. I await the artful picture of Matron De Winter styling nothing but a chainmail tunic of defense.

As anyone should know at this point all chainmail tunic of defenses has been smelt. Sorry to disappoint, although as a compromise - chumbucket has agreed to dance in rhythm to Gangnam Style wearing nothing but a hula-hula.

[Wil]

I didn't want to say this, but last night I found Matron in tears [...] reduce 12 year old girls to tears and listening to bad goth music.

12 years old AND a matron? What in Sosaria happened to the poor girl! Are we talking dog years here or something more sinister?

[Wil]

The lack of art and style will be compensated by providing a picture of MatronDeWinter wearing nothing but a chainmail tunic of defense.

Apology accepted. I await the artful picture of Matron De Winter styling nothing but a chainmail tunic of defense.

As anyone should know at this point all chainmail tunic of defenses has been smelt. Sorry to disappoint, although as a compromise - chumbucket has agreed to dance in rhythm to Gangnam Style wearing nothing but a hula-hula.

Oh dear Avatar! I'll never get that image out of my head. Here I thought you'd rediscovered art and style but no! You're just mean!

[inkognito]

Indeed.

[Downs]

That picture just made me laugh really loud in a store

[son]

Matron stole my heart

[Wil]

Matron stole my heart

And your liver and rib cage too...

[Wil]

Matron stole my heart

And your liver and rib cage too...

Your head she turned in to the guards.

But they whacked her 'cause she wasn't Blue!

[archaicsubrosa77]

I am sitting here trying not to down vote for the mere sake it would be extremely fun to do it. Don't ever make a post like this again it is creating a moral dilemma for me.

[chumbucket]

I believe the burden of proof would fall on the plaintiff.

It sure does! There are three elements to proving libel:

1. That the defendant published a written claim. Spoken statements or private communications between two individuals can't be libel.

2. That the claim was defamatory. If the statement could not reasonably harm the plaintiff's reputation then it isn't libel.

3. That the claim made a false statement of fact. No matter how defamatory, opinions are not libel.

Each of these elements must be proven by "preponderance of the evidence." That's a fancy way of saying that the plaintiff must demonstrate that each element is more likely to be true than false. The more stringent requirement of "beyond a reasonable doubt" does not apply to libel -- that's used for criminal cases like murder, something Matron De Winter is presumably only guilty of in-game.

To better illustrate the situation, let me offer some examples of similar things Matron De Winter could have done which would not have been libel:

"Wil is a real sleazebag. You shouldn't trust him."

This is a statement of opinion, not a statement of fact. Opinions can't be libel.

"Wil has a purple polka-dotted nose."

Although this is a false statement of fact, it doesn't reasonably create a negative impact on my reputation. It isn't defamatory, so it isn't libel.

In a PM to his Chumbucket & Associates guildmate Populus: "Wil is a real sleeze. He scammed that guy." Although this is defamatory and a false statement of fact, a private communication where the writer controls who can read it is not libel.

"Wil gouged LotharTheGreat - 3 deeds for a small house!"

Gouged is a statement of opinion. And it's true that I sold a small house near the humility shrine to LotharTheGreat for three deeds. Opinion isn't libel. Truth isn't libel.


So, let's look at the elements of libel:

1. Published written claim. This is established prima facie, which is a fancy way of say "the claim is obviously true on its face." Matron De Winter wrote his statement in a public forum where it was expected to be read by many people.

2. Defamatory. Again, prima facie. "Wil is a known scammer. His guildmates give him forum rep so you will be tricked into trusting him." There simply isn't a credible interpretation of that statement where it isn't explicitly targeted at damaging my reputation.

3. False statement of fact. 3a, is it a statement of fact? 3b. Is it false?

3a. Known scammer. Statement of fact. His guildmates give him forum rep. Statement of fact.

3b. His guildmates give him forum rep. This is trivially proven false: I'm not in a guild and don't have any guildmates. Any game admin can confirm. Moreover, if you look through my forum rep chronologically prior to Matron De Winter and link back to the posts they were for, the rep marks are clearly appropriate to the forum posts -- unlike the pattern you'd expect from false repping. So, this portion of the statement is proven false.

Known scammer. Indeed Populus clarified that I allegedly "Collaborated with the scammer who scammed death12 out of 3 castle deeds." This is almost amusing. Populus and Matron De Winter are in cA, the guild of tricksters and thieves. Link this thread here: viewtopic.php?p=460652

In the thread, you'll discover that dealth12 was in fact scammed out of 3 castle deeds. By Matron De Winter! PM death12, he'll confirm it for you. What chutzpah! The first offer of supposed evidence was something the claimant himself appears to have done.

More, look at the timing of Matron De Winter's claim and the posts they attach to. Refer to my first message for the links. It's obvious that true or false, the claim was retaliatory. Not a circumstance in which the guy making the statement can be expected to deliver flawless truth.

Finally, consider the source. Matron De Winter is in cA, the guild of tricksters and thieves. Oh, and "bards." Self-published tales of their exploits are all over this forum. For example, look at Matron De Winter's acknowledged role in blackmailing Hemperor during the so-called "Operation Red Hemperor". Brilliant in its audacity, but not exactly the behavior of an honest guy.


Published written claim: proven.
Defamatory: proven.
False statement of fact: proven.

Hence libel: proven.


Regards,
Wil

http://en.wikipedia.org/wiki/De_minimis

[Wil]

http://en.wikipedia.org/wiki/De_minimis

Hey! You did some research. Cool!

That's right, the reason I described Matron De Winter's behavior as "unlawful" and "lawbreaking" instead of "criminal" is that society decided the civil courts do a good enough job of handling it. No police, no days in jail. The victim takes a chunk of your life's savings in recompense, and then it ends.

[MatronDeWinter]

Wil, I've noticed that you have included a story in your signature that is not only untrue, but malicious and damaging to my character, reputation. Please remove the offending signature. Thank you.

[Wil]

Wil, I've noticed that you have included a story in your signature that is not only untrue, but malicious and damaging to my character, reputation. Please remove the offending signature. Thank you.

Howdy,

As a reasonable individual, I'm sure another reasonable individual would find it no great challenge to persuade me to alter my signature.

Regards,
Wil

[archaicsubrosa77]

I am still crying about bandages http://www.youtube.com/watch?v=bpz2AWu4PZg

[BA Barracus]

libel?