In article <5uvs2aF1jo9f7U1@mid.individual.net> "Trevor
Wilson" wrote:
> "Phil Allison" wrote in message
> news:5uvrkpF1jhh2nU1@mid.individual.net...
>> "Trevor Wilson"
>>> Ms Wood,
>>> I appreciate that you need to take defamation seriously. Dymocks
>>> did not write the material. Dymocks, by selling the book in
>>> question, would not be
>>> defaming anyone.
>> ** This is where you are 100%, dead wrong.
>> Defamation occurs when the defamatory material is disseminated to
>> others - ie " published ".
>> The central issue in defamation is the actual * harm done * to a
>> person or organisation, not the mere writing of defamatory
>> material. The harm is done by the publication.
> **Yep and Dymocks is not the publisher.
>> If a newspaper publishes a letter or article that defames a
>> person, the newspaper risks becoming the target of legal action.
> **Yep and Dymocks is not the publisher.
>> Dymocks are merely being cautious in circumstances where
>> litigation over the material is clearly imminent.
> **IF the defamation action proceeds (and there is no assurance that
> it will), THEN Dymocks may be well advised to withdraw the
> publication. ATM, there is no case to answer. Dymocks is just
> responding to pressure from a well-funded organisation.
> The real problem here is the 'Church' of Scientology. They will use
> any weapon they can, in order to prevent any bad press. Scaring off
> the two largest booksellers in the country is just scurrilous. To see
> these companies just 'rolling-over' stinks.
> Trevor Wilson
Trevor - Since you can't buy THAT book at the moment, why not buy
yourself a good book on Australian defamation law instead, while you
are waiting ? Then read it fully and carefully. You plainly know
NOTHING WHATSOEVER - I repeat NOTHING WHATSOEVER - about the laws of
libel and how they operate in this country. What you keep writing is
totally ignorant rubbish. Don't just take my word for it, talk to ANY
Australian lawyer with real expertise in defamation law. Although I
often have no time for Phil Allison, he is, on this occasion,
absolutely 100% correct in what he has said.
|