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All take a read of this especially the website owners

ASL Member Founding Member Bericht #12714 Reacties gesloten

Defamation of Character

The meaning of defamation in Spain is defined as “a communication made to one or more persons with the intention to cause malicious damage to another.
An accusation, be it true or false, determined or undetermined about another person or company which could or does have a direct effect on that person’s honour, dignity or reputation.

The fact that the injurious statement has been made is the proof in this action, it is not necessary to prove whether it is true or not. The fundamental difference between the term “defamation of character” and “libel” is represented by the method used to convey the defamatory information.

Defamation damage is of ephemeral nature when (the communication of it is not of a lasting form), this could be a verbal comment, a sound made, an insinuating gesture or gestures and other such expressions. On the other hand libel is of a more permanent nature such as a letter, a film, a CD, a publication, Internet and other similar methods of a more durable exposure. Both give right to legal action in respect of injury received.

Causing injury is legally considered by the Spanish State as a criminal offense, a crime (delito) against the honour and the good reputation of an individual or a legal person (company). “The action or expression by one person that harms the dignity of another, undermining his reputation or attempting to diminish his existing esteem by others” as defined within Article 208 of the Spanish Penal Code (Codigo penal de España).

Reacties

This is the newer and tighter regulations that come into affect late last year. Do I think Ian and carol and Steve need to really take a look at stronger controlls on this forum. No I'm not having a dig at anyone at all.

ASL Member Founding Member 2012-03-18

At risk of breaking the law,I would suggest that people who libel and defame others should be treated in the manor described by, Jeremy Clarkson on the One Show.

ASL Member Founding Member 2012-03-18

Thank you Andi for the info, it is interesting to see how the law works in different countries. The problem of course is that this is a website open to the use of people of all nations and not just Spain.

ASL Member Founding Member 2012-03-18

That is very true Steve. I'm sure 90% of the people who post on here are from or around the surrounding area of la marina/San fulgencio. At the end of the day I think the responsibility falls on you guys (Spanish life) I don't mean the law comes running after you I mean in the way Ian and carol and you have to decide what's in the best intrest of the post/persons it's about.

Robert if Jeremy Clarkson was in this country he would be presenting top gear from a prison cell. ( great personality he is though)

ASL Member Founding Member 2012-03-18

Its always a fine line to walk, and my own thoughts are to leave people to sort out their own problems on the site as long as it does not get too personal, I am happy to say that I think between the 3 of us we have only had to delete a handful of post in the last 12 months.

ASL Member Founding Member 2012-03-18

And of course like Mr Clarkson we are not based in Spain, so do not have to consider what the Spanish law has to say we can and can not do.

ASL Member Founding Member 2012-03-18

That is very true Steve.... So here's the part of the law that does fall on Spanish life owners wether they reside in Spain or not
In the first ruling the judge ruled that website owners cannot be held accountable on comments posted by users in accordance to art 16 of the LSSI. However the nuance is that web owners must not be aware of the illegality of the posted comments or that they undermine someone’s legitimate rights subject to compensation, and must act hastily to remove libellous remarks or else make them inaccessible on them being reported.

ASL Member Founding Member 2012-03-18

Cant quite understand some cof the wording,would someone explain if possible.
On reading of the word defamation,it seems that it doesnt matter if what you say or write is true,the fact of you saying it is defamation.
If this is the fact,then Jeffs latest blog,in which he states it you see someone drive a vehicle while possibly under the influence of alcohol,then you should take all necessary particulars and tell the police,so that they can take the appropriate action when and where necessary.
According to the wording of the word,the person himself is then defaming the driver,by telling the police,albeit the driver be drunk or sober.
Would someone please tell me I have read it all wrong,because otherwise,everybody could be suing almost everybody else everyday of the week.

ASL Member Founding Member 2012-03-18

Andi

The problem again with this part of the Spanish law is that I am not a solicitor and have not studied their law so have no idea as to what they would regard as being comments made on the site that broke that law, so have no idea as to what they feel needs to be removed.

ASL Member Founding Member 2012-03-18

Steve you are not responsible for post ls or comments. The thing that does fall on you guys is if you see a certain post and it's talking about a certain individual or company and the remark is slanderous of any type and you do not block the comment or remove it then you are liable.

ASL Member Founding Member 2012-03-18

I understand what you are saying, but I do not know what is regarded as being slanderous under Spanish law.

ASL Member Founding Member 2012-03-18

Anything Steve Spain has probably the strictest and tightest laws when it comes to that. My post that started this debate off explains it all. That is the official penal code of Spanish law regarding making any slanderous comments regarding anyone or any busniesses.

ASL Member Founding Member 2012-03-18

After reading your first post I can now see how strict they seem to be.

Common sense will always be used on the site at all times but it is our aim to let people have freedom of speech, to me this is more important that Spanish law.

ASL Member Founding Member 2012-03-18