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Subject: Re: The National Staff Dismissal Register Posted on: Thu, 08 May 2008 23:07:46 +0100

Roger Dewhurst wrote:
>
>>
>> If it is shared then it becomes libel.
>> Of course, what they are relying on is that the burden of proof in a
>> civil court is less than a criminal court. Hence they can argue that
>> despite no criminal conviction it is *likely* that XXX committed the
>> crime and we are only reporting that fact.
>>
>
> You appear to be suggesting that a defence against libel can rest on the
> balance of probability that someone did something "naughty" (for want
> of any suitable comprehensive word). I suspect that you are wrong.
> Actuality may be a defence in a libel case but I very much doubt if
> balance of probability is.

Maybe we will see a new precedent...

--
Dirk

http://www.transcendence.me.uk/ - Transcendence UK
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