Would this be considered "defamation" or "libel/slander"?

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YaleACCEPTED33
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Would this be considered "defamation" or "libel/slander"?

Postby YaleACCEPTED33 » Mon Mar 08, 2010 9:31 am

I don't know if any of you follow boxing, but recently manny pacquiao filed a defamation suit against floyd mayweather jr(his father mayweather sr, his uncle/trainer roger mayweather, and his promotors oscar de la hoya and richard schaeffer). pacquiao and his attorneys named golden boy promotions, president oscar de la hoya and CEO richard schaeffer in the suit.

Essentially, Mayweathers and Golden boy went on record (interview with sports illustrated) stating that manny pacquiao was using performance enhancing drugs, and that is the only reason he has won his last few fights in such devastating fashion. statements were made to the effect of, "pacquiao on something! I been in boxing 30 years and I know it is impossible to go from 106 pounds to 147 pounds and be knocking dudes out!"... and "I know what he on, he on that shit they gave the filipinos in the army when they was walking through damn bullets, it is called A-side meth!" ... then they said the only way they would fight him is if he took olympic style blood testing... oscar de la hoya and schaeffer said, "if manny isn't guilty? why won't he take the damn tests... that right there shows you he has something to hide" oscar de la hoya said in his online magazine, ring magazine, that, "when i fought manny, he was hitting me as hard as 154 pounders... i just don't see how he could have that power if he was not taking steroids" these are just a few of the comments made at pacquiao.. comments have been made in WRITTEN FORM, and VERBALLY..

Manny pacquiao has never failed a drug test, and has never even been IMPLICATED or loosely associated with other steroid users, or dr.'s prescribing steroids... no files from BALCO were discovered with his name...

These comments and statements have caused an UPROAR about manny, and everywhere you go people are accusing him of being on steroids now... this didn't happen before mayweather, etc. made the comments... it also cost him a fight, and potential millions of dollars, when his opponent said, "with all the steroid allegations, and my personal beliefs from what has been said, i refuse to fight manny pacquiao unless he submits to blood testing..."

I know that malicious intent has a lot to do with it... but where is hte line drawn between freedom of speech protected and afforded by the first amendment, and defamation of character, libel/slander, etc...

THANK U GUYS SO MUCH for any help... I am just curious as to how you think this could play out...

yung
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Joined: Mon Jun 01, 2009 4:39 pm

Re: Would this be considered "defamation" or "libel/slander"?

Postby yung » Wed Mar 10, 2010 10:36 am

curious +1

keg411
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Re: Would this be considered "defamation" or "libel/slander"?

Postby keg411 » Wed Mar 10, 2010 7:27 pm

Pacquio is a public figure. He would have no chance to win a suit because you need to prove actual malice.

http://www.lectlaw.com/def2/m006.htm

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kswiss
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Re: Would this be considered "defamation" or "libel/slander"?

Postby kswiss » Wed Mar 10, 2010 7:36 pm

actual malice is either knowledge of falsity prior to publishing, or reckless disregard for the truth.

If the comments were meant to damage the reputation, you could have a possible libel suit, but you have to get over a pretty major hump to go from negligence (the requirement for a private citizen) to actual malice. You have to show proof. You would have to somehow prove that when he made the comment, he knew for a fact that it wasn't true. This is practically impossible.

I only know this because I'm a Journalism/PR major, and we're required to take a full class on all of the laws that apply to journalists.

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bees
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Re: Would this be considered "defamation" or "libel/slander"?

Postby bees » Wed Mar 10, 2010 7:38 pm

keg411 wrote:Pacquio is a public figure. He would have no chance to win a suit because you need to prove actual malice.


+1

keg411
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Joined: Tue Apr 21, 2009 9:10 pm

Re: Would this be considered "defamation" or "libel/slander"?

Postby keg411 » Wed Mar 10, 2010 9:44 pm

ITT: Communications majors :).

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trialjunky
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Re: Would this be considered "defamation" or "libel/slander"?

Postby trialjunky » Mon Mar 22, 2010 9:47 pm

A. P would have to show that the allegations were actually false, meaning he would have to take a hair sample to determine if he’s used roids.

B. The fact the he is a celebrity makes him a public figure as stated above which means you have to prove that they recklessly, and willingly made these comments and that the recent damage to his career is specifically from their defamatory comments.

I.E: Not a chance in hell

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Antipodean
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Re: Would this be considered "defamation" or "libel/slander"?

Postby Antipodean » Tue Mar 23, 2010 6:32 pm

Sidenote: As noted by other posters, it's pretty hard for a public figure to win a defamation suit in the US. Other jurisdictions, such as the United Kingdom, are far more receptive to such suits.




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