If a third party lies about an incident, then that third party is to be held responsible for libel, not the person asking concerning the incident. You are insinuating that I am being slanderous simply for asking about a possible theft in which the first party did, in fact, say a theft of sorts occurred. Dear me! If asking about a possible theft when someone has already admitted to it is libel, then I dare to say that the vast majority of the population is in legal trouble!
-Isabella
> Date: Sat, 26 Feb 2011 14:52:50 +0000
> From: [log in to unmask]
> Subject: Re: Concerning Blog Post
> To: [log in to unmask]
>
> Deb,
>
> I agree with your interpretation of slander/libel, but let's refer back
> to the original question:
>
> "So, if you all can help ease my mind and tell me she did actually have
> permission to wear the dresses,that would be awesome"
>
> I know there does not now appear to be a problem in this instance, but
> imagine, if we may, that a member of this listserv had come back and
> stated they DID have reason to believe that the individual had acted
> without permission - and this later turned out to be untrue. This could
> seriously damage the credibility of the person concerned, and I believe
> they would then have just cause to object! Also, what is not intended as
> being "harsh" to one person, may seem so to another: this is not a good
> place to go!
>
> Of course museum professionals have a legitimate concern about unethical
> and potential suspicious activities and I would support any kind of
> general discussion on this in open forum, and much of the useful debate
> in this thread has been on that basis. What I am not comfortable with is
> this kind discussion about named individuals. Let's forget the
> slander/liable angle: let's concentrate on the ethical angle. As you
> indeed go on to say yourself, "Posting something unwise can be used
> against you.... Even if you mean no harm, other people might not see it
> that way. It pays to take a little extra
> time to think about what you post". I agree with you!
>
> I'll back off this particular aspect of the discussion as I think we
> have covered it and members of the listserv can form their own views.
>
> Regards,
>
> Jerry
>
>
>
>
> -----Original Message-----
> From: Museum discussion list [mailto:[log in to unmask]] On
> Behalf Of Deb Fuller
> Sent: 26 February 2011 13:51
> To: [log in to unmask]
> Subject: Re: [MUSEUM-L] Concerning Blog Post
>
> `On Sat, Feb 26, 2011 at 4:35 AM, jerry.symonds
> <[log in to unmask]> wrote:
>
> > With regards to "liable; seriously?" : yes, actually!
>
> Libel - not even, really! To be either libel or slander, the first two
> criteria that must be met are: untrue statements and defamatory
> language. In other words, not only must you say something that isn't
> true, you have to be pretty harsh with your statements. Then you also
> have to prove that the statements did harm. Calling attention to a
> suspicious blog post is neither defamatory nor untrue. Questioning the
> legality and the propriety of said blog is also neither defamatory nor
> harmful. Museum professionals had a legitimate concern about an
> unethical and potentially suspicious activity that was publicly
> displayed on a blog. The discussion was civil and professional and out
> of concern for the potential artifacts.
>
> The lesson here is that if it's on the Internet, it can be searched
> and found. I can find posts of mine from the Usenet over 15 years ago.
> Posting something unwise can be used against you. It is not libel but
> your own misjudgment coming back to at you. Even if you mean no harm,
> other people might not see it that way. It pays to take a little extra
> time to think about what you post. I think the blogger learned a harsh
> lesson about both museum collections and blogging. I do hope she
> continues with her creative writing work and artistic expression in a
> lesson contentious manner or at least learns to write large
> disclaimers on her posts.
>
> Deb Fuller
>
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