ArticlesHere’s a legal puzzle for today, about libel.
Standard disclaimers apply. This is a hypothetical thought experiment; please don’t carry it out.
Suppose that you were to send an email to my work email address.
Suppose that you were to include in the email something clearly defamatory about me.
Let’s keep the issue very clear here. This is about libel. Different jurisdictions have different definitions of this, so let’s not leave any doubt. Let’s assume it is derogatory and with reckless disregard for the truth. Let’s also assume there are no threats and no hate speech. You just make up a story about what you saw me doing last Friday night, and describe it to me in an email.
I’ve got no legal recourse, right? You are sending this privately to me, and not to anyone else. My reputation isn’t being harmed. I’ve just got to learn to put up with you and with your filthy lies! You are safe.
Now, let’s assume I work for a company that screens email. Let’s assume my IT department regular check what email is going backwards and forwards. Perhaps my boss also has visibility.
Again, let’s keep the issue clear. In some jurisdictions, my company would have to notify my in writing that they were doing this. Let’s assume that they have followed their legal obligations.
So now the story is quite different. I find my reputation amongst my colleagues is in tatters. My boss finds it hard to give me a promotion while that image, that you so perversely and explicitly described, appears in their mind every time they see me.
Can I sue you for libel now?
Comment by dr Dave on September 6, 2005
I have an element of response, and I do realize it’s highly unsatisfying, but it goes along with the fact that Law is hardly just a mathematical construct made of logic and cold hard rules… It is that Libel laws, like most other laws (although I believe some are defined otherwise), is meant to be interpreted in its spirit, not in its formulation.
In that regard, your ability to sue for libel would have to be entirely dependent on the intent of the person sending you that email. If there’s the slightest hint that he knew, or was hoping, that the communication would be intercepted, I believe you got a fair case. On the other hand, if the tone of the email makes it easy to pass off as a harmless joke at your expense, then you are probably on your own… Could probably demand a public retraction, though…
Comment by Alan Green on September 6, 2005
IANAL, but – in this state – libel is judged solely by the harm to your reputation, so my intent that the email be private doesn’t matter. Removing the technological angle, suppose that I snail-mailed you the libelous content, and the letter was opened by the mailroom staff.
Comment by Chris on September 6, 2005
Do you think you’re liable to be libeled this way?
I think you can be libeled this way, as I believe the measure of defamation (and the necessary compensation) is measured in the impact (size of audience and effect of loss of reputation) and not the intention of the libeler.
So if I wrote something defamatory to a blog that usually has 10 readers, and because the libel was so delicious that blog grew to a daily readership of 1,000,000 hits – I think I’d be in theoretically hotter water.
Lets try it out: I heard you lie with bells (or something). In the Biblical sense, I mean.
My lawyers are monitoring your site for counter-allegations about me and a carbolic smoke ball.
Comment by Chris on September 6, 2005
My kingdom for an edit comment button.
Comment by Aristotle Pagaltzis on September 6, 2005
Or a preview button. 🙂
Comment by Andrew on September 6, 2005
I think there’s a special case here, which you would need a real lawyer for. Is it still libel/slander if the only person you tell is the person you’re defaming? If so, case closed.
If not, then I guess part of the case would involve “was there a reasonable expectation that the victim was the only person who would see it?” And then, since company emails are apt to be read by secretaries and officious IT people and whoever takes over when you’re on holidays… the sender probably is in hot water.