Saying someone is ugly does not = defamation

IanCurtis

Wretched moderation of this thread:

http://wwww.boards.ie/vbulletin/showpost.php?p=56683782&postcount=475


The moderator should know the basics of defamation in law before posting such tripe.

dubman25

I have the same problem with them..they seem to let something get to there head and forget that this is a web forum!!:eek:

Fajitas!

IanCurtis wrote: »

The moderator should know the basics of defamation in law before posting such tripe.

monkeyfudge wrote: »

I am very close to closing the thread.

It's been quite the headache for some time.

I'll ask one more time that people read that charter

http://www.boards.ie/vbulletin/showthread.php?t=2054887678

Particularly the bit in relation to directing personal insults to radio presenters.

Pointless and overly nasty comments have absolutely no place in this forum. If this behavior keeps up the thread will be closed and I won't allow any thread on the same topic to be opened for some time.

If you have issue with any of this then take it to the Feedback Forum.

Thank you.

I don't see where the moderator mentions defamation at all? He asks people not to direct personal insults at radio presenters. It's a fair statement.

GuanYin

Perhaps not (I need hulla to explain these things to me - I miss him), but it is uncivil and abusive and really doesn't have much place in a conversation.

A-Trak

Ehm Ian,

Weren't you posting feedback threads not so long ago posts that weren't properly spellchecked and with correct syntax, were "Disrespectful," to other posters.
Calling folk ugly < misspelling?

Flipflop much?

GuanYin

Under the new feedback moderation, am I allowed to express a momentary support of sterilization and eugenics practices as a direct result of this thread?

RoundyMooney

Unfortunately, as is common with this site sometimes, no one knows.

Mind you, it would be lovely if you (or I) could.

Adam

IanCurtis wrote: »

Wretched moderation of this thread:

http://wwww.boards.ie/vbulletin/showpost.php?p=56683782&postcount=475


The moderator should know the basics of defamation in law before posting such tripe.

You were advised to lay off a bit even before your first infraction. So if you want to talk about arseholes... :rolleyes:

pirelli

IanCurtis wrote: »

Wretched moderation of this thread:

http://wwww.boards.ie/vbulletin/showpost.php?p=56683782&postcount=475


The moderator should know the basics of defamation in law before posting such tripe.

The Op should know the basics of opening a silly thread that will end in lolcats.


It's in all the Irish law tort book. Berkoff v Burchill 1996 4 all ER 1008.
The plaintiff was called ugly by the defendent.The plaintiff was an actor and the court found the words were likely to lower him the eyes of the public or make him an object of ridicule.

The law generally agrees that it is not defamatory, but it basically at the end of the day it is potentially defamatory.A television and radio presenter is very damn close.

Overheal

GuanYin wrote: »

Under the new feedback moderation, am I allowed to express a momentary support of sterilization and eugenics practices as a direct result of this thread?

erm.......what?

Bob the Builder

Overheal wrote: »

erm.......what?

maybe when you're older, you'll find out.......

hullaballoo

GuanYin wrote: »

Perhaps not (I need hulla to explain these things to me - I miss him), but it is uncivil and abusive and really doesn't have much place in a conversation.

The line is naturally enough unclear. You could defend a defamation claim by stating that it was vulgar abuse, which isn't defamatory. It's seen as jovial etc., which is how we can live our daily lives slagging one another without ending up owing our friends and acquaintances thousands of euro in damages.

However, where it is likely to have a bearing of some sort on someone's livelihood, there's another layer added and it becomes more sinister. Once that happens, the courts will use common sense to look at whether the person has been lowered in the eyes of a right-thinking member of society (ill-defined, again). I am not too sure whether the word ugly was used in reference to Ray Darcy but if it was, that would clearly be defamatory, since he is a TV presenter as well as a radio one.

Ps. I'm phasing boards back into my life at the moment. I think I just needed to re-learn what it is to me: an outlet for and an escape from the things that have been keeping me away, ironically enough.

monkeyfudge

Yes. Defamation wasn't even mentioned.

The simple fact of the matter is that that a persons physical appearance has absolutely no baring whatsoever on their ability as a radio presenter.

Individuals like IanCurtis here and eh... now sitebanned Peter Collins seem to have huge hang ups about this for some reason though.

I'll again refer everyone to the charter of the radio forum:

http://wwww.boards.ie/vbulletin/showthread.php?t=2054887678

In particular:

Lately there have been a lot of personal insults directed towards radio presenters. I accept that they have put themselves in a public position and should be open to criticism but I would like to ask that any criticism be directed to their radio programme and their skills at producing that programme.

Certain posters in the radio forum seem determined to make the place as nasty and unpleasant as possible.

Even a simple thread to talk about who you admire in radio has to be heavily moderated as people are incapable of being civil.

http://wwww.boards.ie/vbulletin/showthread.php?t=2055341349

Tbh's opening post makes it very clear how the thread should work and I for one thought it was a good idea and a pleasant departure for the forum, but still I had to clean up someones mess in it.

I'm not defending radio broadcasters by any means here. I think 99% of radio is terrible. And I agree completely with a lot of the comments in that thread about the decline of the Ray Darcy show... I just feel that a lot of the comments are completely irrelevant and just make the forum nasty and unpleasant to read.

But if crap like that is what people want to read and it isn't going to get boards.ie into legal trouble the I'm willing to hear feedback on it.

(It should also be noted that a good few radio presenters also have boards.ie accounts, but for obvious reasons don't want that to be made common knowledge. This makes deciding what is personal abuse a little trickier for us.)

pirelli

hullaballú wrote: »

Ps. I'm phasing boards back into my life at the moment. I think I just needed to re-learn what it is to me: an outlet for and an escape from the things that have been keeping me away, ironically enough.

Your Justias our emperor of the law.The last emperor of the roman empire.

Overheal

nevf wrote: »

maybe when you're older, you'll find out.......

cute. i wouldve googled my dictionary but im drinking here.

randylonghorn

Oh, hi, Ian ... back again?

Here's a totally off-the-wall suggestion for you and those who find Ray D'Arcy annoying ... don't listen to / watch him!

As for the defamation issue, Hulla knows more about that than I will in a month of Sundays (even if Monkeyfudge had cited that as his problem with you) so I'm not going to comment.

But you might like to note that as well as the law of the land, there are the "local laws" around here ... most of them are encapsulated in the charter of the various fora.

Violate them => get slapped.

Moan in Feedback about getting slapped for violating the charter => get SFA sympathy.

Q.E.D., as you like to say yourself.

Overheal

are we dont with thread now? cos



You could pick worse defamations to target:

On Wednesday's episode of "The O'Reilly Factor," the host called MoveOn.org, which partnered with Color of Change for the march, "the new Klan" during his "Talking Points" segment.

"The Move On organization espouses a radical left agenda and attacks those who oppose that nonsense," O'Reilly said. "The latest smear from Move On is telling their Kool-Aid-drinking zombie followers that Fox News is smearing Barack Obama and is a racist concern. Of course, that's a lie. This broadcast and FNC in general have been exceedingly fair to Senator Obama. ... But in order to intimidate anyone from criticizing Obama in any way, Move On is playing the race card."

Im watching this unfold on the news, and we're discussing at great length whether "ugly" is defammatory? Arent there better things to be doing?

Beruthiel

IanCurtis wrote:

Saying someone is ugly does not = defamation

It's early, so maybe I'm missing it. Can you show me where Monkeyfudge used the word defamation in the below comment:

Monkeyfudge wrote:

I am very close to closing the thread.

It's been quite the headache for some time.

I'll ask one more time that people read that charter

http://www.boards.ie/vbulletin/showt...p?t=2054887678

Particularly the bit in relation to directing personal insults to radio presenters.

Pointless and overly nasty comments have absolutely no place in this forum. If this behavior keeps up the thread will be closed and I won't allow any thread on the same topic to be opened for some time.

If you have issue with any of this then take it to the Feedback Forum.

Thank you.

Dudess

IanCurtis wrote:

Saying someone is ugly does not = defamation

No, but it does = being a thundering cunt.

311

Leave Darcy Alone ,he's Sound! :pac:

DeVore

Thanks Hulla, and good moderating MF.

DeV.

FlutterinBantam

Well said Dev.

My sentiments too, great to have guys like yourself in charge.

Well done.

Dudess

dubman25 wrote: »

I have the same problem with them..they seem to let something get to there head and forget that this is a web forum!!:eek:

What's the relevance of it being a web forum? Oh freedom of speech is it? Sorry, there isn't freedom of speech on Boards - it's a private company and can decide what can and can't be said. If you ask me, it's pretty darn easygoing in that department.
And no, mods don't let their "power" go to their heads because they're not saddos with no life. Seriously, if I realised I felt I was a bit "important" because I moderate, I'd beg my friends to shoot me.

Esel

Is it OK to say that Ryan Turgidy has a face for radio?

humanji

It depends if you find radios ugly or not.

Jack B. Badd

esel wrote: »

Is it OK to say that Ryan Turgidy has a face for radio?

Tbh, he has the personality for a cardboard box...

pirelli

esel wrote: »

Is it OK to say that Ryan Turgidy has a face for radio?

Of course it is, young fellow. Now run along.

humanji wrote: »

It depends if you find radios ugly or not.

Nonsense!, You still get up every morning. Doesn't make any difference.

Terry

It seems to me that the OP was deliberately looking to defame Ray D'arcy.

Of course, that's just my opinion on it.

The Muppet

The Boards Radio Forum does not really have the amount of sniping and petty jealousy other Irish Radio fora suffer from .

I for one applaud the mod for preventing indivudals from lowering the tone of the forum. What does anyones appearance have to do with their ability to host a radio programme.

Fair play MonkeyFudge.

311

Ray darcy is loved by thousands ,I don't like him as much since he hooked up with yer woman. But the guy is obviously havin a buzz.

Fair play to him ,live long!:)

Overheal

Nobody listens to him anyway besides his loyal koolaid drinking zombies :rolleyes: