>>>This is one of the MM for ABX/BLD/N Options {hope I didn't miss any} on the TSE. But I'm sure it applies to the US as well.<<<
Wrong, wrong, wrong. Down here in the US, we have the luxury of calling an a##hole an a##hole. They can stuff it into a silk dress if they like, but I'm still entitled to the luxury of calling it an a##hole, if such be my opinion.
It is your libel laws up there that allow these creeps to intimidate you. If I understand correctly, your law, like that of Britain or Hong Kong, places the burden upon the defendant to substantiate or prove that the alleged defamatory statements are true. Doesn't work that way down here, not even close.
In the states, they would basically have to prove that the defendant knowingly posted false statements with malicious intent. Essentially, you would have to fabricate some outrageous and injurious lie in a deliberate attempt to "get" someone. The defendant has absolutely no obligation to substantiate anything. In the case of statements made about public figures or corporations, the burden of proof is even greater. Even if I intentionally fabricated false statements against a corporation, they would have to show additionally that they had suffered monetary damages as a result. Also, a company cannot bring suit on behalf of the company's officers. The person would have to bring the charges themselves for statements made about their person. If the person is considered a public entity, such as Bill Gates, it becomes extremely difficult to bring suit and win. It is one thing if you are a private individual minding your own business and I fabricate something nasty about you, it is another thing if you have put yourself forward into the public arena and you and I rumble.
Further, there is absolute protection for expressions of opinion. It is one thing for me to say "In my opinion, they are all a bunch of dirty, lousy, nasty crooks." It is another for me to claim knowledge that a specific company officer has engaged in criminal activity. If I simply were to say "they are all a bunch of damn crooks on the NASDAQ. It's a nasty lousy dirty deal to do business there, they will screw you", there is no way they are going to come after me and win. If I want to be double sure of my position, then I would just add the words "in my opinion."
I'll try to dig out some good URL's I had on this subject, if I can still find them. I don't go for the sort of dirty, lousy, nasty intimidation demonstrated by those a##holes at the TSE, but the long and short of it is that you have to be much more careful about what you say north of the border than you do here in the States. We have much wider latitude in a public forum.
Tom
|
