Defamation

In February 2015, we were instructed by the owner and manager of a reputable rental and property management business which started trading in February 2001 in Jalon, Alicante, Spain regarding a case of online defamation/harassment. The D had set up a website with a disparaging name similar to our client’s.

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Internet Slander

Internet slander is when a person or a group of people use the Internet to falsely vilify; libel; slander; spread malicious gossip and/or to harass others. They usually do it either to gain a competitive advantage or to settle a score or through pure malevolence due to envy. These people have established certain patterns of behaviour. Below are a few tips in dealing with Internet slander should you have the misfortune of becoming a victim.

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Bloggers Defamation

Bloggers Defamation

The following is a recommended bloggers defamation code of ethics by Daniel J. Solove, Associate professor, George Washington University Law School

1. People should delete offensive comments quickly if asked.

2. People should ask permission before speaking about others private lives.

3. Someone who speaks about another’s private life without her consent should take steps to conceal her identity.

4. People should avoid posting pictures of other people without getting their consent.

5. People should avoid Internet shaming.

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Company online harassment

Company online harassment?

PAIL® Solicitors specialists in online anti-social behaviour cases review whether company online harassment is possible

In Kosar v. Bank of Scotland Plc [t/a Halifax]: QBD [Admin] [Mr Justice Silber]: 18 January 2011:

The appellant (Kosar) appealed against a district judge`s decision that the offence of harassment under section 2[1] of the Protection from Harassment Act 1997 could only be committed by a person who was an individual against another individual person. The judges allowed the appeal. That is to say, they held that a Company can be a person for the purposes of the Act when they are the perpetrators of harassment but not as victims of harassment.

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The Defamation Bill

The defamation bill of Lord Lester of Herne Hill, QC (“the Bill”) was published on the 27 May 2010. The press release to the bill states that the bill “seeks to reduce the chilling effect on freedom of expression and recourse to self censorship that results from the vagueness and uncertainty of the present law. It also aims to encourage the free exchange of ideas and information, whilst providing an effective and proportionate remedy to anyone whose reputation is unfairly damaged”.

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