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Re: [Asrg] DNSBL BCP - enough, already, of the amateur lawyering

2008-04-02 09:33:38
David Wilson <David(_dot_)Wilson(_at_)isode(_dot_)com> writes:

[...]

(To be picky, there is no such thing as 'UK' law. Scotland has a
different legal setup to England and Wales.)

Looking up "libel truth" in UK pages for Google pointed me to:

http://www.swarb.co.uk/lawb/defTrueLibel.shtml

which is from a personal injury solicitors, so has some legal standing.

The important point is that a libel in English law has to be both untrue
and defamatory.

Something that "causes him to be shunned or avoided" is one means of
defamation and would seem to be a good description of a DNSBL!

IIUC (and IANAL) the difference with English law is that the defendant
must show that the statement is true.  So (journalists have argued,
anyway) it reverses the usual innocent-until-proven-guilty ordering of
things.  I imagine this wouldn't particularly affect
DNSBLs---presumably you'd easily be able to keep evidence of whatever
your DNSBL is claiming.
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