SPAM

Bernd Felsche bernie at innovative.iinet.net.au
Mon Dec 10 03:05:37 GMT 2001


Greg Hermann tapped away at the keyboard with:

[snip quoted email]

> Petie--
> 
> I have told you before to stay -_OUT _ of my private e-mail box.

You've quoted email he sent to you privately?

It was clearly stated by others in this forum that this may be a
criminal act in some jurisdictions.

> THAT'S _TWICE_ NOW!!!
> 
> As for any accusation of criminal libel--the truth is an absolute
> defense against either libel OR slander,At least you appear to be
> educated on the difference between the two. Leads me to wonder how
> you acquired such an education !!

Greg,

The offence occurs in more than one jurisdiction and under more than
one system of law. It is conventional to prosecute according to the
location of the victim(s).

Here's news for the parochial merkins: There are legal systems and
laws different to those in the USA.

Truth is no defence in libel or slander in Australia. The victim
only has to show that he was somehow injured by the act to prove
slander or libel. If the act is set to injure the victim, then the
victim has a valid case and can claim damages.

I understand that UK laws operate similarly.

I could cite one case precedent about "successful" libel
prosecutions in the Usenet domain, where at least the victim was
located in Australia, and the truth was no defence. The matter was
settled out of court.

IANAL. I established and admin'd for an ISP that was involved in one
side of a case.

> Besides which--it might be rather fun to have you serve the papers
> on me or bear witness to any such charge in a court of competent
> jurisdiction (personally, of course) !!

I assure you, it will NOT be fun. It will be expensive.
You have no chance of a defence if the victim can prove any form of
injury, including emotional stress.

Proving an "absolute truth" is impossible, and no defence even if
you could achieve it.
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