Those of you who saw the news about Gina Ford's legal action against Mumsnet might like to see the
response of the site (and of the poster who made the orginal "serious and offensive libel" that Ford "straps babies to rockets and fires them into south Lebanon").
"I apologise profusely to any childcare guru that I may have offended by suggesting
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Read more... )
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Isn't there a "too daft to be believed" defence against libel or is taht only in this country? I understood there was some kind of "it's OK to say something if it's perfectly obvious that it's a lie" -- e.g. "Jefferey Archer gives money to prostitutes" would be libel were it untrue but "Jefferey Archer grates and then eats leprechauns" would not be.
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http://www.jisclegal.ac.uk/publications/thirdpartycontent.htm
section 5 for a discussion of Godfrey v Demon and also Totalise v Motley Fool.
The only defenses against libel are
a) that it is true,
b) fair comment ('I don't like M&S') and
c) privilege, e.g. in Parliament.
I'd say if this had gone to court, the site would have been found guilty of libel if they hadn't acted to take the postings down as soon as they received the notice.
See also
http://www.newsdesk-uk.com/law/libelcheck.shtml
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You list the "only defenses against libel" but for something to be libel it has to damage reputation to a reasonable person. As I understand it something isn't libel if a reasonable person would not believe it could possibly be true. Also mere abuse isn't libel.
In the US there's a specific exemption for satire (as famously used by Larry flynt) which this certainly comes under.
http://en.wikipedia.org/wiki/Hustler_Magazine_v._Falwell
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I hadn't realised that someone could have so little sense of humour or over act that much. I am not saying that she ought to find it funny, I can see why she doesn't, but it is so obvious it isn't as if anyone would actually believe it of her.
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