Comments on: Feeling lucky? Bloggers and defamation liability http://clubtroppo.com.au/2006/08/23/feeling-lucky-bloggers-and-defamation-liability/ Sun, 12 Feb 2012 08:04:39 +0000 hourly 1 http://wordpress.org/?v=3.3 By: Two Australian bloggers facing legal issues arising from their blogs : The Local http://clubtroppo.com.au/2006/08/23/feeling-lucky-bloggers-and-defamation-liability/#comment-195467 Two Australian bloggers facing legal issues arising from their blogs : The Local Sun, 21 Oct 2007 00:28:29 +0000 http://www.clubtroppo.com.au/2006/08/23/feeling-lucky-bloggers-and-defamation-liability/#comment-195467 [...] more on legal issues arising from blogging should go to Club Troppo which has a comprehensive post Feeling lucky? Bloggers and defamation liability as does Larvatus Prodeo with Defamation and the [...] [...] more on legal issues arising from blogging should go to Club Troppo which has a comprehensive post Feeling lucky? Bloggers and defamation liability as does Larvatus Prodeo with Defamation and the [...]

]]> By: you cried for night http://clubtroppo.com.au/2006/08/23/feeling-lucky-bloggers-and-defamation-liability/#comment-43799 you cried for night Sat, 26 Aug 2006 12:42:15 +0000 http://www.clubtroppo.com.au/2006/08/23/feeling-lucky-bloggers-and-defamation-liability/#comment-43799 <strong>Of Oz, where they do the moderation quick-step</strong> There's been plenty of soul-searching on Australian weblogs this week regarding what's said online and how it's managed - that's right, the ole defamation and moderation two-step has been in full swing.Firstly, a very fine post and discussion on wr... Of Oz, where they do the moderation quick-step

There’s been plenty of soul-searching on Australian weblogs this week regarding what’s said online and how it’s managed – that’s right, the ole defamation and moderation two-step has been in full swing.Firstly, a very fine post and discussion on wr…

]]> By: Francis X Holden http://clubtroppo.com.au/2006/08/23/feeling-lucky-bloggers-and-defamation-liability/#comment-43500 Francis X Holden Fri, 25 Aug 2006 05:23:35 +0000 http://www.clubtroppo.com.au/2006/08/23/feeling-lucky-bloggers-and-defamation-liability/#comment-43500 The Landeryou name [if not reputation ;-)] has been established in Melb for more than a few decades with his father a pollie some time ago being embroiled in the sort of thing one uses the word embroiled about. His blog has been refered to in The AGE and SUN at least a few times. He may not have a vast audience but he is clearly read by his targets who include journos and deep pockets and legal eagles. At least one them has taken out an intervention order from memory. I would have anticipated some of them at least trying action (regardless of the chances of an ultimate "win" in the courts) in order to put on the frighteners and close down the blog and even go as far as putting the frighteners on blogspot. The Landeryou name [if not reputation ;-)] has been established in Melb for more than a few decades with his father a pollie some time ago being embroiled in the sort of thing one uses the word embroiled about. His blog has been refered to in The AGE and SUN at least a few times. He may not have a vast audience but he is clearly read by his targets who include journos and deep pockets and legal eagles. At least one them has taken out an intervention order from memory.

I would have anticipated some of them at least trying action (regardless of the chances of an ultimate “win” in the courts) in order to put on the frighteners and close down the blog and even go as far as putting the frighteners on blogspot.

]]> By: Ken Parish http://clubtroppo.com.au/2006/08/23/feeling-lucky-bloggers-and-defamation-liability/#comment-43445 Ken Parish Thu, 24 Aug 2006 14:10:19 +0000 http://www.clubtroppo.com.au/2006/08/23/feeling-lucky-bloggers-and-defamation-liability/#comment-43445 FX I think you'll find it's because he's bankrupt. Although apparently he's only been bankrupt for a couple of months, so maybe that doesn't explain why no-one sued him before that. I'm not suggesting you can't publish hard-hitting stuff if you're sure of your facts and can prove them, as long as you're prepared for a courtroom stoush if necessary. Anyway, it may be that Landeryou was an obviously untempting target even before he was declared bankrupt. I know nothing about his financial status or background. But targets with deep pockets don't get that way by suing people who have no money, especially when it isn't likely that Landeryou's audience is massive. That's why I mentioned the small fish syndrome in the primary post; I suspect it's mostly that which saves bellicose bloggers from being sued. FX

I think you’ll find it’s because he’s bankrupt. Although apparently he’s only been bankrupt for a couple of months, so maybe that doesn’t explain why no-one sued him before that. I’m not suggesting you can’t publish hard-hitting stuff if you’re sure of your facts and can prove them, as long as you’re prepared for a courtroom stoush if necessary. Anyway, it may be that Landeryou was an obviously untempting target even before he was declared bankrupt. I know nothing about his financial status or background. But targets with deep pockets don’t get that way by suing people who have no money, especially when it isn’t likely that Landeryou’s audience is massive. That’s why I mentioned the small fish syndrome in the primary post; I suspect it’s mostly that which saves bellicose bloggers from being sued.

]]> By: Francis X Holden http://clubtroppo.com.au/2006/08/23/feeling-lucky-bloggers-and-defamation-liability/#comment-43434 Francis X Holden Thu, 24 Aug 2006 12:33:40 +0000 http://www.clubtroppo.com.au/2006/08/23/feeling-lucky-bloggers-and-defamation-liability/#comment-43434 Thanks Ken. What do you make of Landeryou's blog? He rarely paints flattering portraits of his foes (of which there seem to be at least a few) and is by some standards he is a public (enough) figure. None of the targets, some of whom at least, appear to have deep pockets, have tried to put the frighteners on him by legal action over the blog contents. Is this because he has the balance / tone/ words right or something else? Thanks Ken.
What do you make of Landeryou’s blog?
He rarely paints flattering portraits of his foes (of which there seem to be at least a few) and is by some standards he is a public (enough) figure. None of the targets, some of whom at least, appear to have deep pockets, have tried to put the frighteners on him by legal action over the blog contents. Is this because he has the balance / tone/ words right or something else?

]]> By: Kerryn Goldsworthy http://clubtroppo.com.au/2006/08/23/feeling-lucky-bloggers-and-defamation-liability/#comment-43401 Kerryn Goldsworthy Thu, 24 Aug 2006 06:54:37 +0000 http://www.clubtroppo.com.au/2006/08/23/feeling-lucky-bloggers-and-defamation-liability/#comment-43401 Thanks for the excellent post and links, Ken -- I've been fretting about these matters on my own and others' behalves for a while now, but have been too disorganised to check it out. Much time saved. Thanks for the excellent post and links, Ken — I’ve been fretting about these matters on my own and others’ behalves for a while now, but have been too disorganised to check it out. Much time saved.

]]> By: genevieve http://clubtroppo.com.au/2006/08/23/feeling-lucky-bloggers-and-defamation-liability/#comment-43386 genevieve Thu, 24 Aug 2006 00:50:39 +0000 http://www.clubtroppo.com.au/2006/08/23/feeling-lucky-bloggers-and-defamation-liability/#comment-43386 Excellent post, Ken, thank you. I have mentioned the all-seeing eye of Google to others as well, Rafe. It's a salutory exercise. Excellent post, Ken, thank you. I have mentioned the all-seeing eye of Google to others as well, Rafe. It’s a salutory exercise.

]]> By: Rafe Champion http://clubtroppo.com.au/2006/08/23/feeling-lucky-bloggers-and-defamation-liability/#comment-43149 Rafe Champion Wed, 23 Aug 2006 10:29:06 +0000 http://www.clubtroppo.com.au/2006/08/23/feeling-lucky-bloggers-and-defamation-liability/#comment-43149 Someone with a record of robust debate on email discussion groups did a google on his own name one day and found numerous actionable statements floating in cyberspace with his name attached. After that he spent a little more time re-reading his posts before hitting the send key. Someone with a record of robust debate on email discussion groups did a google on his own name one day and found numerous actionable statements floating in cyberspace with his name attached. After that he spent a little more time re-reading his posts before hitting the send key.

]]> By: BiblioBillaBong http://clubtroppo.com.au/2006/08/23/feeling-lucky-bloggers-and-defamation-liability/#comment-43119 BiblioBillaBong Wed, 23 Aug 2006 05:41:52 +0000 http://www.clubtroppo.com.au/2006/08/23/feeling-lucky-bloggers-and-defamation-liability/#comment-43119 <strong>Blogs and defamation</strong> Ken Parish has put up a very interesting post at Club Troppo about the risks of defamation action against bloggers. ... Blogs and defamation

Ken Parish has put up a very interesting post at Club Troppo about the risks of defamation action against bloggers.

…

]]> By: Nicholas Gruen http://clubtroppo.com.au/2006/08/23/feeling-lucky-bloggers-and-defamation-liability/#comment-43116 Nicholas Gruen Wed, 23 Aug 2006 05:04:28 +0000 http://www.clubtroppo.com.au/2006/08/23/feeling-lucky-bloggers-and-defamation-liability/#comment-43116 The plaintiff's position in such defamation cases can be summed up in the latin tag "Catapultam habeo. Nisi pecuniam omnem mihi dabis, ad caput tuum saxum immane mittam." I have a catapult. Give me all the money, or I will fling an enormous rock at your head. The plaintiff’s position in such defamation cases can be summed up in the latin tag

“Catapultam habeo. Nisi pecuniam omnem mihi dabis, ad caput tuum saxum immane mittam.”

I have a catapult. Give me all the money, or I will fling an enormous rock at your head.

]]> By: Chris Lloyd http://clubtroppo.com.au/2006/08/23/feeling-lucky-bloggers-and-defamation-liability/#comment-43114 Chris Lloyd Wed, 23 Aug 2006 05:02:07 +0000 http://www.clubtroppo.com.au/2006/08/23/feeling-lucky-bloggers-and-defamation-liability/#comment-43114 Thanks for that Ken! Thanks for that Ken!

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