| [1903] Limits of Defamation |
Limits of Defamation Docket File Number: 1903
Submitter: Volaworand Date of Submission: 15 February 2019 Case Type: Legal Question Question: I request the advice of the Court, specifically asking if my dispatch has broken any of our laws on defamation. Case Link: http://tspforums.xyz/thread-6873.html Restricted to CHIEF JUSTICE KRINGLE and JUSTICE BELSCHAFT
(except for discussions on the determination of justiciability) Former Delegate of the South Pacific
Posts outside High Court venues should be taken as those of any other legislator. I do not participate in the regional server, but I am happy to talk through instant messaging or on the forum. Legal Resources: THE MATT-DUCK Law Archive | Mavenu Diplomatic Archive | Rules of the High Court | Case Submission System | Online Rulings Consultation System
Discussion on the Determination of Justiciability
Source: Group Chat of the High Court Kringle [16/02/2019] We have a legal question submission. Any thoughts on its justiciability? http://tspforums.xyz/thread-6873.html I would think that it is, since the Judicial Act says LQs can be about the applicability of laws and hypothetical situations. Kringle [18/02/2019] A quick reminder of the case submissions on which I need your input regarding justiciability: - Definition of defamation: http://tspforums.xyz/thread-6873.html - Separation of powers: http://tspforums.xyz/thread-6882.html - Contempt of Court charge against Roavin: http://tspforums.xyz/thread-6886.html I would learn towards granting justiciability for the first two, since they're clear legal questions, particularly the second one. I do welcome some input on the first one, since I'm not entirely sure, but since it does relate to the definition of defamation, I'm voting for justiciability for now. I'm not sure the third one has enough probable cause, but I still welcome input. Please do post here, at least to say if you need a LoA. We need to stay on top of things. Thanks! Belschaft [18/02/2019] @hierocles yeah, you have to actually resign yourself as it’s not a fire-walled position. @Kringle - The first one (Definition of Defamation) is justiciable, though completely unnecessary to ask. I don’t get the point of asking “Am I breaking the law?” when no one says you are. The second one is clearly justiciable. The third one isn’t justiciable IMO, as there is no legal duty to report/indict. There’s also no reason to believe that Roavin wasn’t going to bring the matter to our attention if Nakari hadn’t, and every reason to believe he was going to. I’d say refuse to indict, and warn Islands for malicious filing. Hell, I might even say charge islands with vexatious charges Kringle [18/02/2019] nods I’ll post about the first two and give @hierocles some time to post his thoughts on the last one. Belschaft [18/02/2019] I’d suggest that you suggest to Volat that he doesn’t need to ask this kind of thing hierocles [18/02/2019] I agree with Bel in the first. I’m going to recuse myself on the second, because it involves powers that I will end up being able to exercise in a couple days. Kringle [18/02/2019] What about the third? hierocles [18/02/2019] Reading now I’m going to vote that it’s not justiciable, but only because I don’t think a contempt charge can be brought in the absence of an actual case I wouldn’t go so far as to say that there’s no duty to report crimes generally, as I think that’s a question that really depends on the type of crime and the specific wording of the criminal code Former Delegate of the South Pacific
Posts outside High Court venues should be taken as those of any other legislator. I do not participate in the regional server, but I am happy to talk through instant messaging or on the forum. Legal Resources: THE MATT-DUCK Law Archive | Mavenu Diplomatic Archive | Rules of the High Court | Case Submission System | Online Rulings Consultation System
Former Delegate of the South Pacific
Posts outside High Court venues should be taken as those of any other legislator. I do not participate in the regional server, but I am happy to talk through instant messaging or on the forum. Legal Resources: THE MATT-DUCK Law Archive | Mavenu Diplomatic Archive | Rules of the High Court | Case Submission System | Online Rulings Consultation System |
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