>I'm not an attorney, but do believe that libel is often shown to exist
>based on the reasonable inference another person might take from some
>disclosure of information about a person, whether or not named. If it is
>reasonably possible to identify a person from some information
>communicated/ made public, and if a reasonable person might infer such
>effect from the manner of disclsoure as to subject to person to some form
>of ridicule or other "trouble", then a case for libel may lay. So, in
>this respect, it's possible that simply putting someone's name in a
>database publicly known as a reserve of data about "abusers" could be
>sufficient contextual info. to "libel" the guy..... or at least enable an
>attorney to argue that.
>
>James Cook
Issues of slander are defensible when supported by objective factual
information, particularly if it is verifiable. If a data base documents
that A) the plantiff said this, and B) other parties objected to that,
and C) the list manager had taken the action to take that person off
their private list (kick them out of the house, so to speak), and that
information is accurate, and there were witnesses to all those facts,
and there were no further annotations in the data base, then I don't see
where an issue of slanderous libel would apply.
IF someone was added to the data base without all those facts being
in place, then definitely there would be grounds for damages.
Of course, they could still sue, and someone would have to pay for the
defense of that suit. Looking at this aspect really spports the "loser
pays" legislation that is going through Congress right now.
If I maintained the data base, it would be a *private* data base, no more
subject to public scrutiny than a diary shared among friends. Accessers
would also be contributors. Imagine, for example, a political group such
as the KKK or Trial Lawyers Association keeping a list of politicians they
don't like. Are they libel because they add a name to it that didn't
deserve to be there?
Given the feedback on the data base, however, and the workload that I now
face, it seems a moot point, since I will not have the band width to
devote to it. It was just an idea that didn't pan out, unless someone
else wants to pick up the torch.
Regards,
--------------------------------
Alan Deikman, ZNYX Corporation
alan@znyx.com
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