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rumdude

(448 posts)
Thu Jan 19, 2017, 10:20 AM Jan 2017

Defamation suits against fake news

Creators/spreaders? I'm talking those who spread specific allegations that would be easy to prove as untrue. Why not just sue the F out of pizza gate f-ckers? That pizza shop owner would probably not be classified as a public figure under defamation law. I guess they were public interest stories - but they are so blatantly false. Even those who repeat defamatory statements can be sued - ala Mike Flynn.

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Defamation suits against fake news (Original Post) rumdude Jan 2017 OP
I like your idea cyclonefence Jan 2017 #1

cyclonefence

(4,483 posts)
1. I like your idea
Thu Jan 19, 2017, 10:45 AM
Jan 2017

In the past, defamation suits by public figures were not very useful except in calling more attention to the lies being told. These days are different, though, and I think suing these guys might be a good way of putting them out of business and *maybe* convincing the public that there is no truth in the stories.

What are the elements of a defamation claim?

The elements that must be proved to establish defamation are:

a publication to one other than the person defamed;
a false statement of fact;
that is understood as

a. being of and concerning the plaintiff; and
b. tending to harm the reputation of plaintiff.

If the plaintiff is a public figure, he or she must also prove actual malice.


https://www.eff.org/issues/bloggers/legal/liability/defamation
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