Posted by Lou Pilder on December 7, 2004, at 11:24:02
In reply to How my previous post might apply to PB, posted by Atticus on December 7, 2004, at 0:39:36
Atticus,
You wrote,[...opinions...someone called a person an "abrasive knucklehead"...opinion...].
The forum as an opinion forum can be argumentative for this forum is a mental-health forum with restraints upon accusations, put downs and such and is monitored for such.
One way that a court could look at things in regards to libel is as to if harm is done by what is written. The harm here could be emotional harm rather than economic harm or damage to the reputation of. There could be the aspect of intentional affliction of emotional distress on account that this forum is a mental health forum which I believe constitutes different examinations by a court verses a non- mental health forum.
One of the tests that,IMO, a court could use, depending on the jurisdiction, is if the libel was the proximate cause of the emotional harm, and I do not think that the statement has to be considered to be libelious as to the standard to a non-mental health forum. The case in point here is the post calling another here a 'fruitcake" and an "idiot". These terms may not be actionable in a court for libel per se, but they could, IMO, be actionable in a court as to them being writtin on a mental-health forum. There is a poster as I remember here that wrote that he/she was called an "idiot" on another forum and as I remember it was something that the poster wrote was not liked by him/her. I will do a search for that post.
The determination of such could be made by a jury, not a psychiatrist. The plaintiff's lawyer could argue that his/her clientsuffered emotional harm and that could be enough for a sympathetic jury to render an adverse verdict toward the defendant even though the defendant's lawyer could probably argue that being called a "fruitcake" and an "idiot" {...happens every day...]. What if someone called an Orthodox Rabbi a "pig eater"? It may well be that it happens every day, but to who?
Lou
poster:Lou Pilder
thread:423270
URL: http://www.dr-bob.org/babble/admin/20041109/msgs/425703.html