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Peepli Live:P (Page 22)

AnjanaYYZ IF-Stunnerz
AnjanaYYZ
AnjanaYYZ

Joined: 26 September 2008
Posts: 28115

Posted: 28 December 2010 at 1:38am | IP Logged
@jazzerette

1. If people r not a couple but, it is suggested they are then bingo - u ve step 1.  I.E. G.C. claims usse kuch nahi hota haiROFLROFL

2. harm - is to their reputation.  Damage/cruelty/stress to family members or themselves reading it.

3. Being considered a homewrecker or cheater i think meets the requirements of damage to reputation.  


Now coming to Moderator Jyoti - who's moderation is the topic at hand:

1. Statement of Bias - can it be proved false?  Arguably if she closed 2/15 of an individual's threads for violation of the IF COC.  Especially when she closed other threads for Violation of Terms of Use.  Then the statement that she is biased lacks foundation.

2. She may feel bullied and harassed and psychologically scared by unsubstantiated comment. 

3. It has arguably damaged her reputation as a moderator.  Her Brand here.  

And loads have been happening since the beginning of time.  Oppression of women, slavery, child exploitation.  None of it is now considered acceptable.  Likewise our libel, slander, defamation laws re getting enforced.  If you follow de buzz - there is a lot of tabloids around the world getting sued and successfully by celebs 

Now a better lawyer specializing in this area could probably build her case more ably then me at 4:00amROFL


Edited by AnjanaYYZ - 28 December 2010 at 2:12am

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bDgT IF-Dazzler
bDgT
bDgT

Joined: 19 March 2010
Posts: 4740

Posted: 28 December 2010 at 2:04am | IP Logged
@Jazz: There is a clear cut Terms of Use which every web site has and it also indicates what is going to be done in case their Terms are violated. Plain and simple.

Microsoft Hotmail has it, Google has it, Facebook has it, so does IF have it.

And it appoints moderators to oversee that purpose and if and when a post is reported for violation of these Terms of Use, the thread maker is either warned or gently reminded not to violate those Terms of Use as it could put the web site in a problem or could violate the vision and principles that the web site has been built on or it could lead to loss of goodwill among the industry it caters to.

And surely the web site might not like some content to be linked to it or it would not like to be bandied with yellow journalism and sensationalism or baseless facts, innuendo.

Anything that is not factual that violates the sanctity of an individual is grounds for defamation.

Anything that violates a person's standing, reputation or goodwill and harms their standing or status in society can be construed as defamatory.

Anything that causes an actor to lose a role because of the defamatory remarks made that has caused a character assassination can be construed libelous.

So, in performing their duties diligently keeping in mind the Terms of Use, the moderators just follow protocol.

And tell me how can closing 2 threads out of 15 threads when those 2 threads have violated the Terms of Use, be construed as discrimination?

So is it not like people are just trying to gain sympathy and rise their star through false propaganda and through creating pages on FB and elsewhere against the IF Geet Moderators? You mean to say that is justified? You mean to say the owners of this site should not take cognizance of that fact as to who is besmirching their goodwill and reputation?


Edited by bDgT - 28 December 2010 at 2:10am

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varshr Senior Member
varshr
varshr

Joined: 12 September 2010
Posts: 426

Posted: 28 December 2010 at 2:25am | IP Logged
Originally posted by Ann.A

@nucleusoflove tell me what u will do when GC and DD decide not to work together because ppl like to link them up and ruin their name even though there is nothing going on between them?
what a joke...do u really think such discussion will lead to this result that gc and dd will decide not to work  togetherLOL....its not easy dear...there carrer is so dependent on GHSP...it needs super daring...and m sure an idiot person will only take action on such a small thing....and gurti are v intelligent.......................plzz guys chill,dont make a fuss...njoy and let others also njoy
 
 
LIVE AND LET LIVE!!!!!!!!!!

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nucleusoflove

jazzerette IF-Dazzler
jazzerette
jazzerette

Joined: 12 August 2010
Posts: 4887

Posted: 28 December 2010 at 2:36am | IP Logged
@AnjanaXYZ, bDgt

Firstly, I only commented because I see a lot of people talking about legal stuff here without knowing the Indian Law. It had nothing to do with Jyothi as a Mod. 

Secondly, when a charge is to be proved all of the ingredients to the crime must be proved....even if one is missing the crime is not constituted. You did not comprehend the ingredients required to proved properly.

Let's take this step by step. *you have taken me back to my college days preparing for Moot Courts and allROFL*

Section 499 of IPC defines Defamation. Indian Penal Code does not makes use of the word Libel though the Defamation defined in the section pertains to the concept Libel.

"Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person.
Intention is the key word here. Why is it so hard for people to understand that no one of us are here with an intention or motive to defame! Its just mind-less fun and wishful thinking. Its the same kind of fun that one would probably indulge in with one's friends in a hostel, etc. You discuss clothes, boys, actors....you get carried away....but that doesn't mean you intend to "defame" them.

Explanation 1- It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives.

Explanation 2- It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such.

Explanation 3- An imputation in the form of an alternative or expressed ironically, may amount to defamation.

Explanation 4- No imputation is said to harm a person's reputation, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loath some state, or in a state generally considered as disgraceful."
Is this happening?? Is GC's or his girlfriend's reputation being lowered?? Do you mean to tell me that Jake is so very influential that she is brain-washing people on this forum. Infact from what I have been seeing....Gurbina supporters are getting more loyal....and infact many more are joining their ranks so that GC does not feel offended again. 

I think I should provided examples and case studies to make the point clear.

Let's take a hypothetical situation. Me, Jazz, is having a convo with you, Anjana, and I say that "yaar...that ABC female is so cheap" And you on hearing this form a similar opinion or start thinking of ABC as a wrong person and eventually in your dealings with her you treat her in a rude manner....only then can ABC claim that Jazz has "defamed" me. 

The purpose of this whole post is that we all are missing the most important element here....its not stress, annoyance, etc that constitutes as harm to reputation. Harm in legal terms means that something detrimental must be caused to the person. Has DB left GC? Is GC being treated as anything differently than before? Are people shunning him? Is he getting less professional offers than before? 

Justice Dhingra explains defamation in a Supreme Court judgment of 2009. In other words, he explains the meaning of defamation and when to file or not file for defamation.

7.Under law of defamation, the test of defamatory nature of a statement is its tendency to incite an adverse opinion or feeling of other persons towards the Plaintiff. A statement is to be judged by the standard of the ordinary, right-thinking members of the society at the relevant time. The words must have resulted in the Plaintiff to be shunned or evaded. 

Reputation of a man primarily and basically is the opinion of friends, relatives, acquaintance or general public about a man. It is his esteem in the eyes of others. The reputation spread by communication of thought and information from one to another. Where a person alleges that his reputation has been damaged, it only means he has been lowered in the eyes of people of the society or his friends/relatives. It is not enough for a person to sue for words, which merely injure his feeling or cause annoyance to him. Injury to feeling of a man cannot be made a basis for claiming of damages on the ground of defamation. Thus, the words must be such, which prejudice a man's reputation and are so offensive so as to lower a man's dignity in the eyes of others. Insult in itself is not a cause of action for damages on the ground of defamation.



Edited by jazzerette - 28 December 2010 at 2:37am

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jazzerette IF-Dazzler
jazzerette
jazzerette

Joined: 12 August 2010
Posts: 4887

Posted: 28 December 2010 at 2:43am | IP Logged
@bDgT

I agree....there is a Terms and Conditions clause...and when you sign up for a site.....it is presumed in the Court of Law that you are well aware of it and have given your consent to the same. 

I repeat....I am only addressing the issue of alleged defamation that is brought up time and again. 

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ashianirka

bDgT IF-Dazzler
bDgT
bDgT

Joined: 19 March 2010
Posts: 4740

Posted: 28 December 2010 at 2:44am | IP Logged
@Jazz: On that note, we have some unfinished business, can I rely on you to guide me there and can we complete it - I am asking in all earnestness and seeking your help.


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anirkajazzerette

jazzerette IF-Dazzler
jazzerette
jazzerette

Joined: 12 August 2010
Posts: 4887

Posted: 28 December 2010 at 2:47am | IP Logged
Originally posted by bDgT

@Jazz: On that note, we have some unfinished business, can I rely on you to guide me there and can we complete it - I am asking in all earnestness and seeking your help.



I remember yaar....I am on leave from tomorrow....I am going to devote my time to that issue henceforth.

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ashianirka

Lhethal.Me IF-Sizzlerz
Lhethal.Me
Lhethal.Me

Joined: 04 April 2007
Posts: 10615

Posted: 28 December 2010 at 2:48am | IP Logged
WOW....Online tutorials!!!ROFLROFLROFLROFLROFL

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