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  1. #721
    Opera Lively Site Owner / Administrator / Chief Editor Top Contributor Member Luiz Gazzola (Almaviva)'s Avatar
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    Quote Originally Posted by tyroneslothrop View Post
    OK, it looks like he'll be suing her. So, necessarily, more details will emerge from the court case. We'll see.
    "J'ai dit qu'il ne suffisait pas d'entendre la musique, mais qu'il fallait encore la voir" (Stravinsky)

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    Opera Lively Coordinator - Donor Member Top Contributor Member tyroneslothrop's Avatar
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    Quote Originally Posted by Almaviva View Post
    OK, it looks like he'll be suing her. So, necessarily, more details will emerge from the court case. We'll see.
    UK:
    Defences
    Justification
    The main defence is justification or truth. In contrast to the U.S., the burden of proving the truth of the allegation in England is on the publisher/broadcaster. Justification is normally judged by the jury. If a defendant claims that the allegations are justified but loses at trial, the mere fact of relying on this defence will aggravate damages. Thus, it is advisable to make a speedy decision on whether to justify.

    Publishers/broadcasters must take into account the 'repetition rule' which states that the sentence "X said that Y is a thief" means that "Y is a thief", not that X said it. Therefore it is not enough to prove that another person has previously made the same allegation.

    A further difficulty for publishers / broadcasters is the 'conduct rule'. If the meaning is at level 2 (reasonable grounds to suspect), then justification must generally be by reference to the claimant's conduct which gave rise to the suspicion at the time of the publication. The fact that someone else, e.g. the police or the FBI, has made the allegation is not relevant.
    FRANCE:
    Defences
    There are two main defences to a defamation claim: truth and good faith. Unlike in the UK and Germany, there is no separate defence for statements of opinion. The opinion must either be proven to be true or fall within the defence of good faith.

    Truth
    Truth is a defence. However, it is not possible to justify an allegation if the facts relied on:
    • are more than ten years old,
    • relate to a matter on which there has been a political amnesty, or
    • relate to a person whose criminal offence has been rehabilitated.

    The burden of proving the truth of the allegation is on the publisher/broadcaster and the author. Unlike in the UK, the truth is judged by three judges, and not by a jury.

    As in the UK, publishers and broadcasters must take into account the 'repetition rule' which states that the sentence "X said that Y is a thief" means that "Y is a thief", not that X said it. Therefore it is not enough to prove that another person has previously made the same allegation.
    Looks like Angela will be having a hard time of it no matter what, where it might swing in different directions in the UK or France (jury vs. judges). Looks like things will likely get ugly though.
    “The hand of Providence creeps among the stars, giving Slothrop the finger.”
    ― Thomas Pynchon, Gravity's Rainbow

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  4. #723
    Opera Lively Site Owner / Administrator / Chief Editor Top Contributor Member Luiz Gazzola (Almaviva)'s Avatar
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    But this all applies to publishers/broadcasters. I'd assume it applies to an editorial piece or a piece of investigative journalism. But that was an *interview.* So, the words are Angela's, not the journalist's or the newspaper's. How does that affect the liability? Could Angela be personally sued but The Independent survive unscathed? Or would the newspaper be involved?

    Gulp, I didn't like this "X said that Y is a thief" part. This means that potentially, any venue diffusing the story - including Opera Lively - might be held responsible for the defamation. Is that the case? If yes, we should delete all these posts, LOL.
    "J'ai dit qu'il ne suffisait pas d'entendre la musique, mais qu'il fallait encore la voir" (Stravinsky)

  5. #724
    Opera Lively Coordinator - Donor Member Top Contributor Member tyroneslothrop's Avatar
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    “The hand of Providence creeps among the stars, giving Slothrop the finger.”
    ― Thomas Pynchon, Gravity's Rainbow

  6. #725
    Opera Lively Coordinator - Donor Member Top Contributor Member tyroneslothrop's Avatar
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    “The hand of Providence creeps among the stars, giving Slothrop the finger.”
    ― Thomas Pynchon, Gravity's Rainbow

  7. #726
    Opera Lively Coordinator - Donor Member Top Contributor Member tyroneslothrop's Avatar
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    “The hand of Providence creeps among the stars, giving Slothrop the finger.”
    ― Thomas Pynchon, Gravity's Rainbow

  8. #727
    Opera Lively Coordinator - Donor Member Top Contributor Member tyroneslothrop's Avatar
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    “The hand of Providence creeps among the stars, giving Slothrop the finger.”
    ― Thomas Pynchon, Gravity's Rainbow

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    Opera Lively Coordinator - Donor Member Top Contributor Member tyroneslothrop's Avatar
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    “The hand of Providence creeps among the stars, giving Slothrop the finger.”
    ― Thomas Pynchon, Gravity's Rainbow

  10. #729
    Opera Lively Coordinator - Donor Member Top Contributor Member tyroneslothrop's Avatar
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    “The hand of Providence creeps among the stars, giving Slothrop the finger.”
    ― Thomas Pynchon, Gravity's Rainbow

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    Opera Lively Site Owner / Administrator / Chief Editor Top Contributor Member Luiz Gazzola (Almaviva)'s Avatar
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    Wow, the critic seems to find her to be the weakest link in the production! He praised everybody and everything else, except her! And duly quoted the marital violence controversy. It seems like this thing is already hurting her.
    "J'ai dit qu'il ne suffisait pas d'entendre la musique, mais qu'il fallait encore la voir" (Stravinsky)

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    Opera Lively Coordinator - Donor Member Top Contributor Member tyroneslothrop's Avatar
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    Regarding the production, Anne Midgette of the WP is... well, Anne Midgette...
    “The hand of Providence creeps among the stars, giving Slothrop the finger.”
    ― Thomas Pynchon, Gravity's Rainbow

  13. #732
    Opera Lively Coordinator - Donor Member Top Contributor Member tyroneslothrop's Avatar
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    “The hand of Providence creeps among the stars, giving Slothrop the finger.”
    ― Thomas Pynchon, Gravity's Rainbow

  14. #733
    Opera Lively Site Owner / Administrator / Chief Editor Top Contributor Member Luiz Gazzola (Almaviva)'s Avatar
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    Quote Originally Posted by tyroneslothrop View Post
    Regarding the production, Anne Midgette of the WP is... well, Anne Midgette...
    She is rather convincing in putting it down. Is the film any good, and she is mistaken, or is it indeed bad like she thinks?
    "J'ai dit qu'il ne suffisait pas d'entendre la musique, mais qu'il fallait encore la voir" (Stravinsky)

  15. #734
    Opera Lively Site Owner / Administrator / Chief Editor Top Contributor Member Luiz Gazzola (Almaviva)'s Avatar
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    Quote Originally Posted by tyroneslothrop View Post
    Lovely piece!
    "J'ai dit qu'il ne suffisait pas d'entendre la musique, mais qu'il fallait encore la voir" (Stravinsky)

  16. #735
    Opera Lively Coordinator - Donor Member Top Contributor Member tyroneslothrop's Avatar
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    Quote Originally Posted by Almaviva View Post
    She is rather convincing in putting it down. Is the film any good, and she is mistaken, or is it indeed bad like she thinks?
    Will see this evening when I see the performance in the movie theater
    “The hand of Providence creeps among the stars, giving Slothrop the finger.”
    ― Thomas Pynchon, Gravity's Rainbow

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