Internet Defamation Law -
What is Internet defamation? A false statement of material fact that damages the reputation of the target. Only statement of facts can be defamatory.
Internet defamation through false innuendo - Individuals possessing necessary contextual knowledge can appreciate the defamatory nature of the statement.
Example: Statement of fact - As posted by The Texas Society of Paranormal Investigators "Be a part of the largest and most professional group of paranormal investigators in South East Texas." (ref: www . txparanormal . com)
There are several well established paranormal groups in Southeast Texas. By stating that they are the most professional, the group Texas Society of Paranormal Investigators is committing Internet Defamation.
In reference to the definition above; (a false statement of material fact that damages the reputation of the target). In this case the target is considered all other paranormal groups in Southeast Texas. By stating that they are the "most professional" the group is stating that all other groups in Southeast Texas are lesser than and therefore should not be used.
(author unknown)
What are your thoughts on the heightened competitiveness of paranormal groups? TSPI (texas society of paranormal investigators) is not the only group to commit defamation. This is just a perfect example in which to get a point across. Be careful what you post on your site or you may open yourself to unwanted and unintentional controversy.
Subscribe to:
Post Comments (Atom)
I've disabled all comments on any posts I do about the Beaumont paranormal conventions. Hopefully, the discussion will move over here.
ReplyDeletegreat idea. They seemed to have strayed from the original topics. This should help divert those comments.
ReplyDeleteHopefully, getting this information out will help ALL the OTHER groups that exist in the area. Having a 'so-called' professional groups founder trying to discredit everyone else is not fair. As far as the FIRST Beaumont Paranormal convention, I think the SOULS group have done a wonderful job so far in getting these well known talents into our area. And at the best location to have a paranormal convention! I have always been interested in doing an investigation at the Julie Rogers Theatre, and to be able to investigate with some real professionals is awesome! Thanks for bringing this here SOULS!!
ReplyDeleteHello all Tammi from S.O.U.L.S. I would like to thank you for taking the time to check us out. We have worked very hard on putting S.O.U.L.S. FEST together. It is very time consuming but we are excited to bring it to Beaumont. We hope that this will help open up the minds and eyes of the community and hopefully let them see we are here to help families or anyone else out there. We are also working on getting the public to notice that there are other groups out there that are interested in the same quest we are and that is to strive to be a very dedicated team of investigators that here to help the public. So when we hear comments like this, one that applaud groups like ours, give us the motivation to work even harder to bring conventions like this to southeast texas. So thank you for your great response to us and other paranormal groups like ours.
ReplyDeleteHmmm. I thought this topic would have more traffic. Especially as quick as "people" were at the defense of the Texas Society of Paranormal Investigators. Any suggestions?
ReplyDeleteMaybe the topic hit home and people will ease up on these groups. Southeast Texas is a huge area and there is no need for competition. Even though Beaumont now has three groups that I know of. (soulsparanormal.com, spor-tx.com and txparanormal.com) I thinks it's great there is that much interest.
SIDE NOTE - HEY TSPI - Just a suggestion; Have you thought about changing the part on your site that states your group is having the first Southeast Texas paranormal convention? (false advertisement) Just say "Our first Southeast Texas Paranormal Converntion.
It could save you alot of trouble and possible embarassment. Like I said, just a suggestion.
I hope some reads this...
Ooops. I know I spelled convention wrong. Sorry
ReplyDeleteLets look at a few things before ghostjunkie gets some people in trouble.
ReplyDeleteWhat are the elements of a defamation claim?
The elements that must be proved to establish defamation are:
a publication to one other than the person defamed;
a false statement of fact;
that is understood as
a. being of and concerning the plaintiff; and
b. tending to harm the reputation of plaintiff.
If the plaintiff is a public figure, he or she must also prove actual malice
Lets look at a few things
Can an opinion be defamatory?
NO—but merely labeling a statement as your "opinion" does not make it so. Courts look at whether a reasonable reader or listener could understand the statement as asserting a statement of verifiable fact. (A verifiable fact is one capable of being proven true or false.) This is determined in light of the context of the statement. A few courts have said that statements made in the context of an Internet bulletin board or chat room are highly likely to be opinions or hyperbole, but they do look at the remark in context to see if it's likely to be seen as a true, even if controversial, opinion ("I really hate George Lucas' new movie") rather than an assertion of fact dressed up as an opinion ("It's my opinion that Trinity is the hacker who broke into the IRS database").
Now would a reasonable reader or listener understand the statement in question as asserting a statement of verifiable fact?
I think not.
What is a statement of verifiable fact?
A statement of verifiable fact is a statement that conveys a provably false factual assertion, such as someone has committed murder or has cheated on his spouse. To illustrate this point, consider the following excerpt from a court (Vogel v. Felice) considering the alleged defamatory statement that plaintiffs were the top-ranking 'Dumb Asses' on defendant's list of "Top Ten Dumb Asses":
A statement that the plaintiff is a "Dumb Ass," even first among "Dumb Asses," communicates no factual proposition susceptible of proof or refutation. It is true that "dumb" by itself can convey the relatively concrete meaning "lacking in intelligence." Even so, depending on context, it may convey a lack less of objectively assayable mental function than of such imponderable and debatable virtues as judgment or wisdom. Here defendant did not use "dumb" in isolation, but as part of the idiomatic phrase, "dumb ass." When applied to a whole human being, the term "ass" is a general expression of contempt essentially devoid of factual content. Adding the word "dumb" merely converts "contemptible person" to "contemptible fool." Plaintiffs were justifiably insulted by this epithet, but they failed entirely to show how it could be found to convey a provable factual proposition. ... If the meaning conveyed cannot by its nature be proved false, it cannot support a libel claim.
This California case also rejected a claim that the defendant linked the plaintiffs' names to certain web addresses with objectionable addresses (i.e. www.satan.com), noting "merely linking a plaintiff's name to the word "satan" conveys nothing more than the author's opinion that there is something devilish or evil about the plaintiff."
"Be a part of the largest and most professional group of paranormal investigators in Southeast Texas"
A "reasonable person" could easily see that the statement in question could not be found to convey a provable factual proposition unless some third party were to test all groups in respect to professionalism and then that still would be considerd an opinion.
So if the meaning conveyed cannot by its nature be proved false, it cannot support a libel claim.
Is there a difference between reporting on public and private figures?
Yes. A private figure claiming defamation—your neighbor, your roommate, the guy who walks his dog by your favorite coffee shop—only has to prove you acted negligently, which is to say that a "reasonable person" would not have published the defamatory statement.
A public figure must show "actual malice"—that you published with either knowledge of falsity or in reckless disregard for the truth. This is a difficult standard for a plaintiff to meet.
I think a "reasonable person" would consider all the groups in the area public entites
So did the statement in question show "actual malice" and was it published with either knowledge of falsity or in reckless disregard for the truth. I think not. Infact no other groups were ever mentioned by name.
On the other hand the statement by ghost writer in his first post
"By stating that they are the most
professional, the group Texas
Society of Paranormal Investigators
is committing Internet Defamation."
Would a "resonable person" consider this statement by ghostrider an opinion or statement of fact?
Would a resonable person consider this statement by ghostwriter to show "actual malice"—that you published with either knowledge of falsity or in reckless disregard for the truth?
And I quote ghostwriter again;
"Individuals possessing necessary contextual knowledge can appreciate the defamatory nature of the statement."
One last thing ghostwriter until the Souls Convention actually takes place it is not he FIRST convention in southeast Texas or do you need the false advertisement law explaned to you also?
I appologize ghostjunkie for calling you ghostrider and ghostwriter but I believe everyone knows whom I am referring to.
ReplyDeleteI'm glad you said you agree that "By stating that they are the most professional, the group Texas Society of Paranormal Investigators
ReplyDeleteis committing Internet Defamation."
Again we find grounds to agree.
Your statement "One last thing ghostwriter until the SOULS Convention actually takes place it is not the FIRST convention in southeast Texas" Same goes with Texas Society of Paranormal Investigators. That's why I suggested they make a simple change from the first to "Our first." I don't need anything explained..Perhaps you need to be explained what professionalism is. This is meant for dicussions, not arrogance from anyone.
Thanks for your interest in this topic.
No biggie on the name mistake. It happens to us all.
Please feel free to continue commenting. But I think we can keep it professional.
Please check out my new post "Charging The Air."
ReplyDeleteI wonder what legal website 'realdeal' took that information from? Wow! There is always a PEST that likes to try and stir the pot. It won't be very long before everyone in the local paranormal community will know who the 'real' fraud is. This 'realdeal' guy is nothing but a real FRAUD, with a very long list of criminal offenses which includes being a con-man. (anyone can check this public information out online very easily!)This person is really giving the rest of the paranormal community a BAD name and it's a shame because there are alot of other groups out there, not just TSPI. As far as the FIRST Southeast Texas Paranormal Convention by S.O.U.L.S., I certainly believe that will be a huge success because they are one of the most professional groups in this area and go about doing their business the right way. Every SANE person knows that. I'm glad that 'realdeal' also brought up the word dumbass because he definately is acting like one.
ReplyDeleteParanormal pestiside...I think you need to look at what your doing and really understand what you just said. Posting false information about someones criminal history is defemation as well. Your claim that "you can find this out very easily" is incorrect. Unless he is listed on an official law enforcement website, the "free" sites that you speek of can be edited by most anyone with a little computer knowledge. Being that I do have access to a departmental computer I would have to tell you that your assesment of his "legal problems" is completely false and unjustified. I think that before you post these randon thoughts trying to defame him...you may want to seek legal representation.
ReplyDelete"wandering through"...how can paranormal pesticide(pp)be committing defemation when (pp)doesn't mention a real persons name only the "sign on" name "real deal"? You're also assuming you know who (pp) is actually talking about.
ReplyDeleteHow can someone be "wandering through," stumble upon a blog and know who another person is talking about especially when everyone uses false names? DUUHHHH!!!!
"wandering through"...I have decided not to post your other comment..I think it's bogus of you to try to slam other groups in your area and the people in them. If you stray into poor taste like that then I won't post anymore of your comments.
ReplyDeleteWhere's the love people? lol
OK 'wandering through', who said I didn't pay for the information I found out regarding 'realdeal's history? And who said that I didn't also have access to a departmental computer database? As you said "Posting false information about someones criminal history is defemation as well". DUH? What you just said doesn't make any sense...being that he DOES have a criminal history to begin with, how can any info regarding such history be false? And how do you even know who I am referring to in the first place? Why don't you post again under your previous false name of 'realdeal'? Oh yeah, it's because you don't have a clue what you are talking. We all know who YOU are though, mainly due to your lack of using your 'spell checker'! Keep it coming as much as you want, your time is almost up!
ReplyDeleteOk.."wandering through" paranormal pesticide doesn't run this forum. I aka..ghostjunkie do. I won't post your latest comment either. In your emails you said you had access to Law Enforcement Departmental Computers and you mentioned you did checks on other groups. WOW, you're really taking a chance. If someone wanted to take the time they could get you in alot of trouble.
ReplyDeleteI may just stop this dicussion and stick with other topics. There are some angry people out here. I still find it funny that someone could just be "wandering through" and know all about everyone in a discussion, the actual names of them and personal info. LOL
ReplyDeleteHAPPY GHOST HUNTING EVERYONE...