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Replies to post #52254 on GeckoSystems Intl. Corp. (GOSY)
03/08/13 12:13 PM
GOSY & GA Libel Law
GOSY can file civil lawsuits in GA since that is where GeckoSystems is domiciled and vigorously litigate against those libeling GOSY and/or its employees that may, or may not, live in the state of GA.
iHub, upon presentation of subpoena will provide the unique IP addresses of the named defendants which enables them to be identified and sued in the state of GA, or elsewhere in the world.
Libel is a false, malicious statement published in mainstream media (i.e. on the internet, in a magazine, etc.).
Defamation—also called calumny, vilification, traducement, slander (for transitory statements), and libel (for written, broadcast, or otherwise published words)—is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government, or nation a negative image. It is usually a requirement that this claim be false and that the publication is communicated to someone other than the person defamed (the claimant).
When the law requires a person to perform an act for the benefit of another or to refrain from doing an act which may injure another, although no cause of action is given in express terms, the injured party may recover for the breach of such legal duty if he suffers damage thereby.
Georgia's tort law of defamation includes claims for libel and slander. A libel is a false and malicious defamation of another, expressed in print, writing, pictures, or signs, tending to injure the reputation of the person and exposing that person to "public hatred, contempt or ridicule." "Malice," as used in the foregoing definition, means ill-will, hatred or charges calculated to injure. This is a lesser standard than that required to show "malice" when constitutional, free speech rights are at issue, the standard to which newspapers are held when discussing public figures. "Malice" in this latter context means knowledge of falsity or reckless disregard of whether a statement is false.
Slander, or oral defamation, occurs when a statement is uttered to a third party which is false and malicious. Some statements are considered so offensive that malice is implied and need not be affirmatively shown. Statements in this category include imputing to another person a crime punishable by law, or making charges against another in reference to that person's trade, office or profession which are likely to injure that person in his or her business. The crime need not be a felony; it is sufficient that a person has been accused of being guilty of a misdemeanor. Statements in the categories discussed in this paragraph do not require proof of actual damages either, contrary to most civil claims for money damages. The reason for this rule is that damage to a claimant's reputation can be presumed when the statement is sufficiently offensive, and also because reputation damages are difficult to prove.
Georgia law treats libel slightly more seriously than it does slander, because a libel involves the deliberate act of expressing defamation in writing, a relatively permanent form. Consequently, certain statements are considered actionable libel without a showing of damages, when the same statements would require proof of damages in a case of spoken defamation. Claims in this category include false statements that a person has engaged in acts of dishonesty or immorality.
