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(Message started by: pubgirl on Nov 22nd, 2003, 6:15pm)

Title: Quick Internet question
Post by pubgirl on Nov 22nd, 2003, 6:15pm
Dear Web experts

What is it possible to do if you have found something libellous about one of your recently dead relatives on a public website?

Wendy

Title: Re: Quick Internet question
Post by grumpett on Nov 22nd, 2003, 6:17pm
what does libelous mean?

Title: Re: Quick Internet question
Post by pubgirl on Nov 22nd, 2003, 6:25pm
Thanks to the Michael Jackson thread here I was doing a quick bit of surfing about J.M Barrie and found a website saying that Laurie Lee was a paedophile. He was a relative of mine by marriage (he died a few years ago) and he DEFINITELY wasn't a paedophile. The website offers no evidence whatever to back the claim up.

His surviving family would be devastated if they knew this was being said about him so I would like to try and see what I can do to get it removed though I suspect there's nothing I can do. Not sure if you can even legally libel the dead.

Wendy

Title: Re: Quick Internet question
Post by jonny on Nov 22nd, 2003, 6:36pm
No case....here or anywhere in the world....its the internet......LOL

...................................jonny

Title: Re: Quick Internet question
Post by pubgirl on Nov 22nd, 2003, 6:38pm
Thanks Jonny
I thought that might be the case but it's pretty sad for his family. There isn't much worse a thing you can say about someone really.

W

Title: Re: Quick Internet question
Post by grumpett on Nov 22nd, 2003, 6:41pm
I would guess a court order! Here in ontario their was a web-site set up about our local priest that were charged with pedophile rings and the Bishop had to get a court order to have it removed by the person who put the site up!
There were lots of accusations that were pretty scary and detailed about all involved, by there accusers.
I think it depends on different countries and internet laws where they are created.
Hope this helps...But my daughter is in her last year of law school and her specialty is internet laws globally, so I could ask her if you like!

Title: Re: Quick Internet question
Post by pubgirl on Nov 22nd, 2003, 6:45pm
Grumpett

I would really appreciate it as I would at least like to try and find out from the person where his/her evidence is. The website has no contact details on it surprise, surprise.

Wendy

Title: Re: Quick Internet question
Post by Little Deb on Nov 22nd, 2003, 7:09pm
What context was the name in.  It may be an unsual name, but I would bet there is more than one by that name still alive.

If the article didn't specify age, location, link to family, etc., just ignore it.  They are referring to someone else.  Just a coincidence.

;)LD

Title: Re: Quick Internet question
Post by pubgirl on Nov 22nd, 2003, 7:17pm
LD
It was referring to famous British Paedophiles, so I don't think there is much doubt who they mean. There is a whole page of famous names too who in their words "might be" paedophiles!

WB

Title: Re: Quick Internet question
Post by Cerberus on Nov 23rd, 2003, 9:26pm
I reckon most things on any public website are merely conjecture or opinion. I would look for any kind of disclaimer (probably ain't one). But, you can ask to have the comments stricken from the site, and if you were in the USA you could threaten to sue. Dunno how courts handle such stuff across the pond.

Ramon

Title: Re: Quick Internet question
Post by kim on Nov 23rd, 2003, 9:48pm
I'm still soundingout liberl*@# - i MEAN LIBELLUS [smiley=laugh.gif]
yA WANT MY 2CENS?  rEAD tHE eLEPHANT MAN AND FORGET ABOUT IT. :)

PASS ON  TO KIDS A DARK SECRET INVOLVING SOME DECENCY ANY HOW. [smiley=huh.gif]pLUS THE READING IS MUCH MORE SATISFYING. :D

Title: Re: Quick Internet question
Post by cootie on Nov 23rd, 2003, 10:05pm
Wendy.....try emailin 'goaway' on here.......should be able to find his addy on here in the members list ? His regular email is hidden but you can find his screen name and click on to PM him.....he's a lawyer of sorts. At least if I remember correctly he is. See if he can help....or at least instruck ya what ya can or can't do....or how to find out ! Pam that's not bein libellous

Title: Re: Quick Internet question
Post by Opus on Nov 23rd, 2003, 10:54pm
Wendy,
 The laws depend on what country the site is host in. Look in properties of the web page, then you should beable to find out if they are hosted on a commertial server, contact them and they might just remove. peaple get there sites removed all the time for less, If they have there own server you can try to find out where they live, and if in UK and your laws don't allow it you can get it removed through the courts.

Opus/Paul

Title: Re: Quick Internet question
Post by brain_cramps on Nov 24th, 2003, 12:23am
to find out where they are, put the domain-name (ie. www.xyz.com) into www.allwhois.com ---- it'll give you detailed info including registrant (and address), administrative contact (and address), and technical contact (and address).

hope this helps,
grant

Title: Re: Quick Internet question
Post by floridian on Nov 24th, 2003, 11:43am
In the US, only the living can be libeled.  Damages can be claimed if false statements injure living persons other than the target of the statements, but seems difficult to prove.  (It has to do more than upset them - it has to cause specific damages, like loss of income.)  UK law may be different on some points - we have the same idea of common law, but the cases that determine the law are different.

Here is a checklist for determining if you have a case according to US law:
http://www.utsystem.edu/ogc/intellectualproperty/libelfrm.htm


Quote:
No case ... its the internet

The internet is just another form of publication.  It may be more difficult to enforce, but all existing laws (copyright, libel, negligence, etc) still apply to the net.  Biggest 'problem' with the net is that it is international, so an action from one country is heard/felt around the world, but may not be actionable in the country where it originated.   But I don't see that as a problem because I don't want the laws of Saudi Arabia or China determining what I can publish on my website.

Title: Re: Quick Internet question
Post by thomas on Nov 24th, 2003, 11:56am
Hack in, crash their site, re-route it to porn and hold them ransom. [smiley=laugh.gif]

Title: Re: Quick Internet question
Post by pubgirl on Nov 24th, 2003, 1:41pm
Thanks all for the advice

Grant, my bro did what you suggested for me and I am a bit confused if it is a US or a Canadian site . It is a  carefully phrased site all about "Girl love". It has no obvious child porn images but I suspect that is because I have not looked at all the links on it.

The site is registered to the most obvious pseudonym (Johann Bach- !!!) but there are contact details, so I suspect these are spurious too.

If it's any help, the domain is registered to the following:

Registrant Name:Johann Bach
Registrant Street1:PO BOX 420
Registrant City:WASHINGTON
Registrant State/Province:District of Columbia
Registrant Postal Code:20044-0420
Registrant Country:US
Registrant Phone:+1.2026284858
Registrant Email:bach@openhands.ws

.... and is hosted by:
http://www.epifora.com/

Contact Information
Email
       For information, info@epifora.com
       To report abuse of our services, abuse@epifora.com
       MarmotMail for service and billing, postmaster@marmotmail.com
Telephone
       (514) 277-5636
Postal address
       Epifora, Inc.
       6595 St-Hubert
       P.O. Box 59054
       Montreal, Quebec
       H2S 3P5
       Canada


Do you folks think there is any point contacting the owners via this so called report abuse email address?


Thanks again


Wendy

Title: Re: Quick Internet question
Post by Opus on Nov 24th, 2003, 1:54pm
wendy,
   That's what it is there for. The site does not only have to conform to local laws but also the rules set down by the host. Most don't check the sites for abuse, they wait until there is a report of abuse then they act.

Opus/Paul

Title: Re: Quick Internet question
Post by brain_cramps on Nov 24th, 2003, 2:08pm

on 11/22/03 at 18:25:57, pubgirl wrote:
...found a website saying that Laurie Lee was a paedophile. He was a relative of mine by marriage (he died a few years ago) and he DEFINITELY wasn't a paedophile. The website offers no evidence whatever to back the claim up...


Just out of curiosity...     Are you sure it is the same "Laurie Lee" ?

just checking,
grant                      

Title: Re: Quick Internet question
Post by pubgirl on Nov 24th, 2003, 2:13pm
There isn't another famous Brit by that name so I don't think it is in doubt who it is.

W

Title: Re: Quick Internet question
Post by brain_cramps on Nov 24th, 2003, 2:30pm

on 11/24/03 at 14:13:28, pubgirl wrote:
There isn't another famous Brit by that name so I don't think it is in doubt who it is.

W



I guess I'm not up on famous Brits.     :-[

sorry,
grant



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