Because Stinger asked
Fri, 13 Feb 2009, 11:16 amadministrator23 posts in thread
Because Stinger asked
Fri, 13 Feb 2009, 11:16 amWho is the Judge, Jury & Executioner here?
Author: stinger
Date: 13/02/2009 - 09:45
(a)Who decides if something posted on this website is defamatory?
(b)What qualifications do they have to do so?
(c)Who is said to have been defamed?
(c)Since when has it been policy of this website to remove a post on the grounds of "defamatory information" anyway?
If we all knew that we could have a post removed just by claiming that it contained defamatory material and requesting its removal, I suggest that there would be very little left on here. Also, it should be borne in mind that TRUTH is a complete defence to a claim of defamation.
Come on 'Administrator' - let's have your reasons and satisfy our curiousity.Puzzled
Ssstinger>>>
***
(a) I sincerely don't believe anything posted on this website can constitute defamation. But I will act, as a matter of courtesy, on specific complaints regarding allegations of defamatory content.
(b) No decision involved, no qualifications required.
(c) Usually, by implication, the complainant.
(d) Always. Please read the disclaimer (under the about menu).
You are correct regarding the possible implications of this policy. Thanks for drawing that to everyone's attention.
;-)
Cheers
Grant
This should help you
Tue, 17 Feb 2009, 05:29 pmWhat is defamation?
http://www.artslaw.com.au/legalinformation/Defamation/DefamationLawsAfterJan06.asp
For a defamation action to succeed, the person complaining of the defamation (the plaintiff) has to prove three things:
that the communication has been published to a third person
that the communication identifies (or is about) the plaintiff; and
that the communication is defamatory.
This should help you:
http://www.efa.org.au/Issues/Censor/defamation.html
"Defamation is the publication of words or images to a person that damages the reputation of another ['slander' if spoken words, 'libel' if written words or images]. A defamatory statement is one that is likely to cause ordinary, reasonable people to think less of the person about whom the words or images are published. An inference that casts a defamatory imputation is enough to bring an action."
2006 laws were revised
Federal Laws:
Racial Discrimination Act 1975
Grounds of unlawful discrimination
Race, colour, descent or national or ethnic origin.
Other unlawful conduct
Racial hatred
Areas covered
provision of goods and services covered in this area
Sex Discrimination Act 1984
Grounds of unlawful discrimination
Sex, marital status, pregnancy, family responsibility (dismissal only).
Other unlawful conduct
Sexual harassment
Areas covered
goods, services and facilities; covered in this area
Look up each state Anti Discrimination Act