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From: "Phil Allison"
References: <3E08564F.F1FFF559@bigpond.net.au> <4N5O9.9525$jM5.firstname.lastname@example.org> <4p0L8KAN8rC+Ewki@jmwa.demon.co.uk>
Subject: Re: What's going on in Australia?
X-Newsreader: Microsoft Outlook Express 5.50.4522.1200
Date: Thu, 26 Dec 2002 21:08:05 +1100
NNTP-Posting-Date: Thu, 26 Dec 2002 20:58:21 EST
Organization: Telstra BigPond Internet Services (http://www.bigpond.com)
"John Woodgate" wrote in message
> I read in sci.electronics.design that Phil Allison
> wrote (in ) about 'What's
> going on in Australia?', on Thu, 26 Dec 2002:
> > To be truthful requires the *whole truth* ie a balanced view of past
> >events and not just isolated facts that have the effect of defaming
> Yes, that is the definition of 'true' in this context. Omission of
> pertinent facts makes the statement 'untrue' and probably malicious.
** It is rare ( only some US law ? ) that proof of actual malice
aforethought is needed for a tort of defamation to be sucessful. It is
enough to show that real harm was done and that an untruth was the basis of
In criminal law an action done with "reckless disregard" for the
possible injury to a person that action may cause ( and some person is in
fact seriously injured ) is a crime - either GBH or manslaughter may be the
charge. No malice against the particular individual need be proven.
Journalists know that "dirt" on someone makes a good story and sells
papers and mags. The editor is there to decide if the publication can risk
the consequences. Sometimes they overstep the mark and court action results.
IMO if defamation is proved then it is always malicious - the
publication intended to gain a financial benefit by harming an individual.
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