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Identification of Internet libel

Identification of Internet libel

 

Identity confirmation

Libel statements posted on the Internet, whether posted on websites or on social media such as Facebook or social app groups, can be found through law.

 

Law pathway

First, prosecute is suspected of defamation, and then the (Subpoena) forces the website or media to provide the defamer's IP address by way of court subpoenas. By forcing the Internet provider to provide the physical address of that specific time-specific IP address, the associated home phone number or mobile phone number.

 

Proof standard

With the physical address of the libel and the associated home phone number or cell phone number, even if the libel argues that the physical address has someone else to live in, in court's eyes, Unless the alleged defamer has fairly strong evidence that he is not slanderous and has met the standard of proof in civil proceedings, (Balance of Probability), the libel is more likely to be him than not, Court can assume that he is a libel.

 

Anyone suspected of defamation, all need to become defendant, so that the libel lost any chance of sophistry. There is naturally a man on court to admit defamation. Once the libel status is confirmed, the libel has little room for resistance and bears all the costs incurred in identifying the defamer as well as the lawer fee.

 

[经] expense in litigation

The usual advice is that once a defamer receives a letter from lawer, (Concerns Notice), should try to settle it privately to the maximum extent possible if it is defamatory. Otherwise, the defamer may lose his fortune or even go bankrupt because of the lawer fee.

 

My advice is to settle disputes through law channels and not to issue defamatory remarks.

 

For the definition of defamation, see my article defamation within the social app group.

 

finish

 

Wang Gang, lawer, Herald Legal, law Consulting vx: heraldlegal3 for Chinese in Australia

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