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Re: Stop with the fucking trolling already.

Posted: Mon May 10, 2010 8:31 pm
by itchytriggerniggerfingers
herbsandspices wrote :
Seems to me that you all have a very poor grasp of defamation law in Australia.



Help a brother out H&S :lol:

Re: Stop with the fucking trolling already.

Posted: Mon May 10, 2010 9:54 pm
by herbsandspices
The below is just a pratical explaination, if you want to hear about categories of imputation and the various defences, procedures on damage let me know but it even bores me to tears so I doubt you would.

OK, so criminal defamation is very rarely used in Australia, in fact I think there have only been like 10 cases of it or something in recent times. It's used by the authorities when the subject matter of the defamatory imputation is in some way linked to maintaining public order, or the rule of law. So calling someone anything on this notice board will not attract the notice of the authorities even if you printed it out and went to the station with it, they would tell you to fuck off. So forget reporting anyone to the police, they won't care.

Next comes civil defamation where someone sues someone else (normally a media outlet) for defaming them. There are certain categories that do not require the proof of "special damage" including the type of imputation made by Kayhat that there was allegedly criminal activity engaged in. So technically Kayhat has defamed you itchy and you could sue him probably, but taking a matter like this to the Supreme Court of NSW requires first that the imputations be put to the test before a jury in what is known as a 7A trtial, where a jury must decide whether the imputation is in fact defamatory and damage should flow. Typically taking a defamation matter to a final hearing on damages will cost somewhere between 1/2-5 million Australian dollars in legal fees, on the presumption that Kayhat had any money to take from him even if you were successful with an order for costs in your favour. The whole jurisdiction of defamation is a rich mans game that is not really accessible to the public.

Therefore, in my considered opinion youse should man the fuck up.

Re: Stop with the fucking trolling already.

Posted: Mon May 10, 2010 10:10 pm
by venatrix
kayhat wrote :
I shouldn't have really bothered authoring this thread, it was a mistake to even try.


:flash:

Re: Stop with the fucking trolling already.

Posted: Mon May 10, 2010 11:54 pm
by itchytriggerniggerfingers
herbsandspices wrote :
Therefore, in my considered opinion youse should man the fuck up.



:lol: :lol: :lol: :lol:


Thanks H&S :D

When I win the lottery, I'll reconsider my options :wink: