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Originally Posted by Sugar's Mom  |
You need to take a closer look at the article. The lawsuit wasn't won based on merit; it was due to the owner of the site not responding to the lawsuit. The judge had to file a default judgment based on the presumption that the allegations were true. The site operator said he did not respond to the lawsuit because he wasn't aware of it (How one misses being sued is beyond me, but that's what he said). The suit is currently under appeal and could potentially be thrown out because the plaintiff's lawyer made a clerical error and named the site as "The Dirt" instead of "The Dirty" (kind of a basic thing to check, wouldn't you think?)
Error Could Dismiss $11M Judgement Against TheDirty.com
Now, before I get jumped on, following isn't aimed at any particular thread or breeder, just a general observation. What Are Defamation, Libel and Slander?
A false and defamatory statement concerning another;
The unprivileged publication of the statement to a third party (that is, somebody other than the person defamed by the statement);
If the defamatory matter is of public concern, fault amounting at least to negligence on the part of the publisher; and
Damage to the plaintiff.
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What Defenses Are Available To People Accused of Defamation? The most important defense to an action for defamation is "truth", which is an absolute defense to an action for defamation.
Another defense to defamation actions is "privilege". For example, statements made by witnesses in court, arguments made in court by lawyers, statements by legislators on the floor of the legislature, or by judges while sitting on the bench, are ordinarily privileged, and cannot support a cause of action for defamation, no matter how false or outrageous.
A defense recognized in most jurisdictions is "opinion". If the person makes a statement of opinion as opposed to fact, the statement may not support a cause of action for defamation.
Whether a statement is viewed as an expression of fact or opinion can depend upon context - that is, whether or not the person making the statement would be perceived by the community as being in a position to know whether or not it is true. If your employer calls you a pathological liar, it is far less likely to be regarded as opinion than if such a statement is made by somebody you just met. Some jurisdictions have eliminated the distinction between fact and opinion, and instead hold that any statement that suggests a factual basis can support a cause of action for defamation.
A defense similar to opinion is "fair comment on a matter of public interest". If the mayor of a town is involved in a corruption scandal, expressing the opinion that you believe the allegations are true is not likely to support a cause of action for defamation.
A defendant may also attempt to illustrate that the plaintiff had a poor reputation in the community, in order to diminish any claim for damages resulting from the defamatory statements.
A defendant who transmitted a message without awareness of its content may raise the defense of "innocent dissemination". For example, the post office is not liable for delivering a letter which has defamatory content, as it is not aware of the contents of the letter.
An uncommon defense is that the plaintiff consented to the dissemination of the statement.
Defamation, Libel and Slander Law
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So, when disgruntled buyer says "Breeder X sold me a dog that was sick on arrival with Giardia. When I contacted her to tell her, she was rude and told me blah, blah, blah..." it constitutes a statement of fact and an opinion (she was rude). If someone responds "Wow, her website would make me question her because A,B,C..." it's again an opinion and not defamation.
IMO, what some people don't realize, is that when they try to "defend" themselves on message boards is that they end up inadvertently proving at least some of the allegations true. If someone says "Breeder X was really rude and nasty when I tried to contact her about problem 123.." and Breeder X comes out swinging with "You just wanted a free puppy out of me blah, blah, blah.." they kind of DO make themselves look like a hot head and not at all professional. Now, I'm not saying that Breeder X wasn't right in saying that about the buyer, but they do come across as less than professional and someone you might not want to do business with. I think they do a good job of damaging their own reputations.
The publishing of emails is also at question. There's no implied privilege in emails between a buyer and a breeder. So when a breeder puts out some rather pointed responses to the buyer, they should assume that those emails will become public knowledge.