zlacker

[parent] [thread] 2 comments
1. tsimio+(OP)[view] [source] 2023-11-18 11:10:46
Even in the UK, if you sue, it is on you to prove that you didn't lie, not on the person you're sueing to prove that you did.

Also, as long as you are a public person, defamation has a very high bar in the USA. It is not enough to for the statement to be false, you have to actually prove that the person you're accusing of defamation knew it was false and intended it to hurt you.

Note that this is different from an accusation of perjury. They did not accuse Sam Altman of performing illegal acts. If they had, things would have been very different. As it stands, they simply said that he hasn't been truthful to them, which it would be very hard to prove is false.

replies(2): >>rich_s+V >>notaha+ih
2. rich_s+V[view] [source] 2023-11-18 11:18:01
>>tsimio+(OP)
In a specific case, perhaps. But surely, I can't go out, make a broad statement like, "XYZ is a liar and fornicator" and leave it there. And how would XYZ go around proving they are not a liar and fornicator? Talk to everyone in the world and get them to confirm they were not lied to or sexually involved?

Surely, at some level, you can be sued for making unfounded remarks. But then IANAL so, meh.

3. notaha+ih[view] [source] 2023-11-18 13:15:53
>>tsimio+(OP)
> Even in the UK, if you sue, it is on you to prove that you didn't lie, not on the person you're sueing to prove that you did.

No, in the UK it's unambiguously the other way round. The complainant simply has to persuade the court that the statement seriously harmed or is likely to seriously harm their reputation. Truth is a defence but for that defence to prevail the burden of proof is on the defendant to prove that it was true (or to mount an "honest opinion" defence on the basis that both the statement would reasonably be understood as one of opinion rather than fact and that they did honestly hold that opinion)

[go to top]