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(Sorry, the complete post was)
Leap, dude, I very strongly suggest that you edit or delete your previous post, since this is going to get us nowhere except cause bad feeling. I shall also edit out this explanation once you have.
Something was said about "Leap". At this point there is no connection between the pseudonym "Leap" and any other person with a legal existence in Britain. Simply put, nobody knows who you are. "Leap" has no legal existence, and therefore cannot be financially or personally damaged by this statement about him, which is besides defensible, in legal fact, as simple abuse. Put simply, the defendant would not know who the legal entity whose typing appears as "Leap" is. It would be therefore rather like slandering the Easter Bunny, especially as you have gone on record as unwilling to release your personal details and thus tie the character of Leap into its user(front end of one of the Leaptopia threads).
Now, if you are conversely attempting to argue that the fiction suit "Leap" will be materially affected by what people think of it *on Barbelith*, that's a slightly different matter, and might make for some interesting legal implications.
There is also the question of the political angle. Goldsmith and another vs Bhoyrul and others, 1997, stated that no political party might sue for defamation, as it would be contrary to the proceeding of democracy. There are interesting possible implications on whether Leap can be seen as a primarily personal or political entity, since there is a reasonable shout to the effect that the entity of Leap exists only to propound a political agenda. This would be an interesting byway to explore. However, one might also want to look at Charleston (and another) vs News Group Newspapers, 1995 which would suggest that the entirety of the rest of Barbelith would have to be taken into consideration, both in its general tone and specifically the speech and action fo the entity "Leap", its predisposition to violent comment and its frequent attempts to misrepresent through the same definition of libel its detractors. Problem here being that, if the entity known as "Leap" has no credibility, then the impact of those libels would be minimal anyway. So that would be a judgement call.
Of course, these are suppositions. If you are planning to bring legal proceedings on the strength of the idea that one person might associate the entity "Leap" with its user, although you believe he would not be in any way affected by the comment (suggesting again that it is abuse, and thus not legally slanderous), then that would be a species of malicious prosecution, and would therefore, even if you were successful, land you with costs, assuming you could find a solicitor to represent you after Tolstoy-Miloslavsky v Aldington, where it was set as precedent that solicitors unreasonably commencing proceedings may be liable for wasted costs. Legally, it's very interesting.
However, this also suggests that you are threatening to attempt legal procedings against people who disagree with you if they do so in a way you feel not to be addressing the matter in hand (in this case..well, I thought we were talking about the fruitloopiness of separatism). This is a new and novel idea on Barbelith...might I ask how sincere you are in it? |
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