ogiebogie
New member
Would be nice if someone talk crap about lets say Tom Brady right about now instead of a nice guy like Phil !!!!! hehe
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I have no issue with anonymity myself at all. I dont think that should be the issue here really, but unfortunately due to the measures he must go through, it will be. I look at it like this. If this were not the internet lets say and it was a school. And one kid writes on a wall that JR kills people. Then the next day writes JR killed my brother. Then the next day writes JR sleeps with sheep. And JR has his school life ruined and people truly hating him. Turns out they have a video camera that shows exactly who did this. Would you not want the tapes from that camera turned over to the authorities since they were defaming you personally?
I have no issue with anonymity myself at all. I dont think that should be the issue here really, but unfortunately due to the measures he must go through, it will be. I look at it like this. If this were not the internet lets say and it was a school. And one kid writes on a wall that JR kills people. Then the next day writes JR killed my brother. Then the next day writes JR sleeps with sheep. And JR has his school life ruined and people truly hating him. Turns out they have a video camera that shows exactly who did this. Would you not want the tapes from that camera turned over to the authorities since they were defaming you personally?
One difference is JR is accused of crimes and Mickelson is not. Another is Mickelson is a public figure and I will assume JR is not.
I don't think anything will come of this; it will never get near court. But if it does, PM will have to prove that the poster knew the claim was false and posted it anyway. I would think he would have to prove actual damages, as well.
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Would be nice if someone talk crap about lets say Tom Brady right about now instead of a nice guy like Phil !!!!! hehe
One difference is JR is accused of crimes and Mickelson is not. Another is Mickelson is a public figure and I will assume JR is not.
I don't think anything will come of this; it will never get near court. But if it does, PM will have to prove that the poster knew the claim was false and posted it anyway. I would think he would have to prove actual damages, as well.
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Ludicrous or not, libel laws are different depending on whether you are a public or private figure.
I would say the school would have to reveal the identity of JR's accuser because he committed a crime with his accusations. I don't think they would have to reveal his identity if he had written "JR has cooties" or "JR's gf is a ho," which is closer to what we have here.
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In Canada for libel they also have to prove that the statements lowers the reputation of the plaintiff in right thinking minds of others.While Public Figure is a legal term, technically all that must be proven is "knowledge of falsity" OR "reckless disregard for the truth". It CAN be proven, has been proven and could be in this case as well.
The ideal situation for PM is that people stop the nonsense and hiding behind a fake name. Which is the ultimate goal here and will absolutely work. Since what has been posted is nothing more than someone showing actual malice, it is certainly justifiable for someone to want to fight it.
In Canada for libel they also have to prove that the statements lowers the reputation of the plaintiff in right thinking minds of others.
That's why I think he's going to lose. After all who pays attention to a poster like that on the yahoo sports blogs?
I am glad to see him going after them. It is just ridiculous to me, some of the things posted by people that have no knowledge of what they are saying.
I guess I'm wondering what you think the "dangerous precedent" is? So do you think Phil should just sit back and take all of this just because he is a well paid professional golfer? There needs to be a consequence when someone writes things that are not true. No one is anonymous on the internet. People need to learn you can not hide behind a computer keyboard.I've read this a few times now and I'm not sure what to think of it.....if he wins it sets a dangerous precedent for future cases. Not to mention his statement of 'deliberate attack' is walking a fine line between accusing the person named in the suit of lible which is very hard to prove itself and defamation which is usually the backup charge to when lible can't be proved. Maybe that's Phil's intent but the whole idea of doing this doesn't sit right with me....