[WikiEN-l] Libel law

Wed Dec 7 23:08:36 UTC 2005

Hi, Having been sued for libel several times (they never won), I am afraid that as absurd as Ray Saintonge may think it is, my understanding of the law is that Steve Block is correct:

> * Newspaper editors are often named in suits, at least within the UK.
> * The reason they are named is that they authorise content which is
>        published.
> * By saving a page, I am creating an edition which is published. 
> * I am called an editor.

And as long as the page history text is accessible, all prior versions of the page are "published" even if the current edit has deleted the potentially defamatory material. And so not only are the people legally responsible for Wikipedia potentially laible for damages, but so is every Wiki editor who hit the save button on a page that contained the defamatory text, even if it no longer on the current page.

:-( 

I, too, would like to see an actual legal opinion on this.

________________________________

From: wikien-l-bounces at Wikipedia.org on behalf of Ray Saintonge
Sent: Wed 12/7/2005 5:05 PM
To: English Wikipedia
Subject: Re: [WikiEN-l] Libel law

Steve Block wrote:

> geni wrote:
>
>> On 12/7/05, Steve Block <steve.block at myrealbox.com> wrote:
>>
>>> Is there any thoughts on private individuals?  Are we open to libel
>>> suits if we edit a page containing a libellous statement and fail to
>>> remove it completely from the edit history?
>>
>> I don't think there are any legal presidents in that area.
>
> No, but it would be nice to hear people's opinions, and also nice to
> hear if any legal opinion had been given to Wikipedia regarding this.
> Look at it this way:
>
> * Newspaper editors are often named in suits, at least within the UK.
> * The reason they are named is that they authorise content which is
> published.
> * By saving a page, I am creating an edition which is published.
> * I am called an editor.
>
> Also note the [[McLibel case]].
>
> Those sued did not make the statements, they simply distributed them.
>
> I would think a lawyer will make a good argument that it is possible
> we can be named in a suit if we have edited a page containing a
> libellous statement and failed to remove it.

Your hypotheseis leads to an absurd result.  If I edit this page
containing an alleged libel for matters unrelated to that statement how
am I supposed to know what is libellous in that article?  By your line
of reasoning, if I want to be safe I might as well delete the entire
article.  Your reading would make busibodies of us all.

Ec

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