On 9/11/07, Thomas Dalton <thomas.dalton(a)gmail.com> wrote:
The bar for
libel of non-public figures is very low if I understand it
correctly. And that bar varies greatly from jurisdiction to
jurisdiction. In some jurisdictions, truth is not a defense. And
then there are right to privacy laws, which are often intermixed with
libel laws, and to which truth is not a defense. Further, I'm sure
there's lots of stuff on the arb com "evidence" pages which are
downright false.
Where is truth not a defence?
Read [[libel]]. "In some systems, however, notably the Philippines
truth alone is not a defense."
Also, "Statements of opinion that cannot be proven true or false will
likely need to apply some other kind of defense." I thought in the US
statements of opinion were always non-libelous, but now I'm not even
sure that much is true. Maybe this is where the public figure/private
figure comes into play?
"User X is a troll." That's probably an opinion that can't be proven
true or false, and surely some of the arb com "evidence" pages contain
that. Would that statement be considered libelous in any
jurisdiction? I don't know enough about the law to say for sure.
By my understanding, libel is defined as
publishing damaging lies about someone. Privacy is another matter
entirely, and truth isn't a defence there.
I seem to remember reading US laws where right to privacy and libel of
non-public figures were treated together.
However, for something to
be a violation of privacy (at least under UK law) you have to have a
reasonable expectation of privacy (eg. someone takes a picture of you
sunbathing naked in your garden and sells it to a tabloid, that's a
violation of privacy, if they take a similar picture of you on a nude
beach, it isn't). There is no reasonable expectation of privacy on the
internet. The only way privacy law can become relevant to Wikipedia is
if the person publishing the information knows the person in question
in real life (which includes stalkers) - we do have problems with
those kinds of cases, but not very often.