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Thread ID: 42345	2004-02-08 09:35:00	Email Libel	Blue Druid (4480)	Press F1

Post ID	Timestamp	Content	User
213782	2004-02-09 03:32:00	the ISP of the person who sent the email might be the best place to start.... I would email there abuse team and tell them all about it. they might be able to help.	robsonde (120)
213783	2004-02-09 04:22:00	Yo Graham. I admit to a sneaky feeling when I wrote the post that criminal libel was gone but I recall a Christchurch fellow in the late 1980s being prosecuted by the Police. Alas, no more. You are correct - criminal libel was removed from the Crimes Act by the Defamation Act 1992. It was not replaced, leaving individuals to sue for the wrong done to them. I did say Blue would need a specialist! Murray - libel and slander are hurtful words either in writing (libel) or spoken (slander). The distinction may matter elsewhere but is superfluous in New Zealand. Everything is Defamation these days. Publication (communication of the words) must be to at least one third party ie. not just the defamer and the defamee. I'm no expert but the defences to a law suit are usually 1 Truth 2 Fair comment Cheers Winston001	Winston001 (3612)
213784	2004-02-09 07:08:00	My grateful thanks for all the responses. Obviously it is a somewhat fraught question because of the sense of hurt and betrayal that goes with such things. As tyhe day has worn on, I have received no feedback from any other recipients of the mail so unless I can see that some actual harm has been done, I think I shall let sleeping dogs lie. I will, however contact the sender's ISP and question them as to whether they consider it a breech of their acceptable use policy. Their terms and conditions of service are fairly vague on this point (iprimus.com.au) but in any event, I don't expect that I shall get rich from the damages :_| Special thanks to Winston001 for the definitions.	Blue Druid (4480)
213785	2004-02-09 07:15:00	Hi Win Thanks for clearing that up . So is an email considered a secure and private form of communication for legal purposes now (encypted or not?) and does misuse of a telephone or similar have any bearing? . One last question . You haven't got the clock ticking have you . Have you? ;) Cheers Murray P	Murray P (44)
213786	2004-02-09 07:42:00	Yes Murray, e-mail is communication. Whether it is secure or not can be debated. However if you made a defamatory statement to another person in an e-mail about somebody, that is publication. It is not defamatory to call someone a lying bastard to their face - unless another person is present. E-mail is private so far as I know. Except that if your boss owns the computer then the info on the computer including your mail is hers. There is a recent case which held that an employer shouldn't look at an employees e-mail but that seems odd and I'd like to know the facts. And about that clock - surely Robo and IDG are good for the money? Aren't they? :_|	Winston001 (3612)
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