Yay Jeremy (was Re: [plug] Spam sender sues)

Colin Muller colin at twobluedots.com.au
Fri Jun 7 08:28:41 WST 2002


On Fri, Jun 07, 2002 at 11:39:29PM +0800, Peter J. Nicol wrote:
> For those that are interested, it is *not* always the case that if
> it is true, then it is not defamatory.  In many (most?) common law
> courts, something is still defamatory, even if it is true, if it was
> intended to cause hurt or damage etc.  Strange but true.

Can't say I find it strange, myself. Avoiding _gratuitously_ or
_intentionally_ hurtful statements, whether they're true or not, is a
characteristic of adult conversation in all civilisations I've
encountered (weeeeell, with the exception of certain mailing lists and
Usenet groups, of course :-)), and people tend to be disaproving of
someone who flouts that convention. So to require in law that people
not indulge in such without good cause seems to fit our social values;
and protecting social values is one part of what laws are about.

Colin



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