Defamatory versus libellous

Dutch translation: laster vs. smadelijk

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:Defamation versus libellous
Dutch translation:laster vs. smadelijk
Entered by: Dennis Seine

22:45 Feb 11, 2006
English to Dutch translations [PRO]
Law/Patents - Retail / Agreement
English term or phrase: Defamatory versus libellous
Beide worden vertaald met lasterlijk. Kan iemand mij uitleggen wat het verschil is?
Bedankt.
Adela Van Gils
Netherlands
Local time: 11:17
libellous = geschreven laster
Explanation:
to defame: 'to cause actual injury to someone's good name'
to libel: to write or print something that defames him or her'

Uit: Oxford American Dictionary
Selected response from:

Dennis Seine
United States
Local time: 05:17
Grading comment
bedankt
4 KudoZ points were awarded for this answer



Summary of answers provided
4zie tekst hieronder
Bram Poldervaart
4libellous = geschreven laster
Dennis Seine


Discussion entries: 1





  

Answers


53 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
defamatory versus libellous
libellous = geschreven laster


Explanation:
to defame: 'to cause actual injury to someone's good name'
to libel: to write or print something that defames him or her'

Uit: Oxford American Dictionary

Dennis Seine
United States
Local time: 05:17
Works in field
Native speaker of: Native in DutchDutch
PRO pts in category: 4
Grading comment
bedankt
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10 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
defamatory versus libellous
zie tekst hieronder


Explanation:
What is defamation?

The traditional definition of defamation was publication of a false statement which subjected a person to hatred, ridicule or contempt. That rather archaic definition has given way to a more modern one: a defamatory statement is one which tends to lower the reputation of the subject in the eyes of right-thinking people. (That means that a person cannot sue for having his reputation lowered in the eyes of, for example, other members of his criminal gang!)

Defamation is divided into two forms: libel and slander. Historically, libel was the written form of defamation, while slander was the spoken form.

The advent of modern technology has made those definitions obsolete. Even though broadcasting is, in one way, a more transient medium than newspapers, the invention of tape and video recorders means that a false statement can now be preserved in the same way as a newspaper cutting. So today, a defamatory statement broadcast on radio or television or the Internet would be regarded as libellous, rather than slanderous.

The essential practical difference between libel and slander nowadays is that, in a slander action, the plaintiff (that is the person bringing the action) has to prove that the words caused him actual damage, financial or otherwise.

There are, however, exceptions to this rule. If a spoken statement suggests that a woman has been unchaste, or slanders a person in his profession or calling, or suggests that a person has a criminal record or contagious disease, no proof of actual damage is necessary.

Defamation is what is known as a "strict liability" offence, which means that the state of mind of the offender is irrelevant. No intention to defame is required.

Everyone involved in the publication of a defamatory statement is liable to be sued - including the journalist, sub-editor, editor or producer, owner and distributor! Repetition of a defamatory remark may give rise to a separate action - and the complainant may sue everybody who repeats the libel.

An actionable defamatory statement has three ingredients:

it must be published,
it must refer to the complainant and
it must be false.
Publication



    Reference: http://indigo.ie/~kwood/defamation.htm
Bram Poldervaart
Local time: 11:17
Native speaker of: Native in FrenchFrench
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