can i be sued for libel for forwarding criminal complaints to newspapers?

[BelizeBreeze]

Where the hell did you get my saying that??? I didn't.
However, each of us has the RIGHT to file criminal charges or complaint. The police will then investigate and if the filing was INTENTIONALLY false, will likey file criminal charges against the complainant.


What the hell are you smoking???


Okay, so that makes two who don't understand the difference between criminal charges, publication of them... and defamation.
I will admit though.... yours is the 'scariest' of them... since you also don't seem to understand that every one of us has the right to file a VALID criminal complaint.

Wonder why I didn't reply?

 

[dallas702]

Yes, BB. Now I understand.

But, one more try.

JETX;

there's a HUGE difference between filing a criminal complaint and taking your unproven, uninvestigated accusations to the media to try to destroy someone.

CAN YOU GET THAT?!

 

[JETX]

there's a HUGE difference between filing a criminal complaint and taking your unproven, uninvestigated accusations to the media to try to destroy someone.
CAN YOU GET THAT?!

Absolutely.... and I agree 100%.
However, filing a valid criminal complaint... then notifying the media of the complaint being filed is NOT defamation.
CAN YOU GET THAT???

 

[dallas702]

Maybe you'd take a chance on not getting sued and paying for the rest of your life, but I sure wouldn't. Filing a complaint is not proof of anything. It is defamation if it turns out to be untrue.

 

[JETX]

Maybe you'd take a chance on not getting sued and paying for the rest of your life, but I sure wouldn't. Filing a complaint is not proof of anything. It is defamation if it turns out to be untrue.

And again... not necessarily true.

If the person KNOWINGLY FALSELY files a criminal complaint against someone, the reportee could be subject to criminal charges. And yes, depending on LOTS of factors, the reportee could be subject to civil defamation charges. However, the simple filing a criminal complaint that later turns out to be untrue.... is not in itself defamation.
Example: Let say that someone broke into your house. Due to previous problems with that person, you tell the police that you suspect 'Bob' was the burglar. The police investigate and clear 'Bob'. Does that mean you have defamed 'Bob'?? Of course not.

 

[dallas702]

The filing of the complaint isn't the problem. It's the overt public exposure via the media....apparently with malice.... that makes it defamatory.

 

[JETX]

The filing of the complaint isn't the problem. It's the overt public exposure via the media....apparently with malice.... that makes it defamatory.

Oh, jeeze.... here we go again!!
I will type REAL slow so that you can follow.... if a person reports a PUBLIC RECORD to a newspaper, employer, friend, neighbor, stranger, whoever (!!) that is NOT defamation..... no matter what the reasoning.

Let me help you a little here:
defamation
n. the act of making untrue statements about another which damages his/her reputation.

malice
n. a conscious, intentional wrongdoing either of a civil wrong like libel (false written statement about another) or a criminal act like assault or murder, with the intention of doing harm to the victim.

 

[dallas702]

And, you'd have a fun time explaining to a jury why YOU were the one that created that public record because you wanted to get even with the person who is suing you. The courts aren't that blind.

 

[JETX]

And, you'd have a fun time explaining to a jury why YOU were the one that created that public record because you wanted to get even with the person who is suing you. The courts aren't that blind.

No problem. First, the paper wouldn't know it was me..
Second, even if they did... there is NOTHING illegal about my notifying a newspaper, other media or anyone else about a criminal complaint being made.

Clearly, you are confused. Where the hell did you get the idea that anyone was suing anyone else.There is NOTHING in this thread about anyone suing anyone else.
Let me remind you what the SUBJECT of this thread is:
"can i be sued for libel for forwarding criminal complaints to newspapers"

 

[dallas702]

OP is asking if he/she can be sued for libel if (I'm going to assume "she" given the charges) she sends copies of her complaints to the media. Most of us agree that if the charges are unsubstantiated she can be sued and would probably get reamed. Sure, it is not "illegal" to send copies of the complaints to the media, but if the accusations are published and are untrue she has liability. If she waits until the DA can substantiate or file criminal charges she has her "exposure" and an opportunity for a civil case against the alleged perp.

 

[JETX]

OP is asking if he/she can be sued for libel if (I'm going to assume "she" given the charges) she sends copies of her complaints to the media.

And that is ALL she is asking!!
Everyone else who gives imaginary, maybe, couldbe, shouldabeen responses is just guessing.

As I have tried to explain to everyone... too many times.
The OP has the right to file a criminal complaint. Agreed??

There is NOTHING in this post, by the OP or myself, that has any hint at all at this being a false complaint. That is just 'what-if' imaginary crap brought up by some who are either confused.... or addle-minded.

Most of us agree that if the charges are unsubstantiated she can be sued and would probably get reamed.

And again... I disagree. If the complaint is false (again NOTHING in this post to suggest that!!), the complainant COULD be pursued for criminal false complaint.

Sure, it is not "illegal" to send copies of the complaints to the media

GREAT!!! You have FINALLY answered the OP's question.... as I have done many, many times!!!

but if the accusations are published and are untrue she has liability.

Again... where did you get that 'but'?? There is NOTHING in this thread to even suggest the OP is lying or failing an 'untrue' complaint.

If she waits until the DA can substantiate or file criminal charges she has her "exposure" and an opportunity for a civil case against the alleged perp.

Wrong-o... AGAIN.
She has the 'opportunity for a civil case'.... whether criminal charges are filed or not.
Gee, I get real tired of having to explain 'law101'.... over and over and over to people who I thought knew better.....

 

[betterthanher]

JETX;

In your view anyone could file charges (true, or not) and run to the media with them (or threaten to do so). If it were not for restraint through libel action everyone would be a target for ruin or blackmail. I think BB has it right. Without corraberation and evidence after a proper investigation by the DA's office it is just a malicious attempt to smear someone.

Since I work in the media I'll address this as well.

If this person would to run to the media, their editors would check up on this before it would even be considered. They (editors/reporters) would see this for what it is (someone looking for revenge) and either toss it or keep an eye out for it to see what might be ruled.

 

[dallas702]

So, JETX....you are advising OP to take her unproven allegations to the media and her other targets in attempt to expose, ridicule, destroy, or whatever else her intentions may be without fear of being sued?

Sure she has the opportunity to file a civil suit without criminal charges being filed or their investigation completed, but do you want to estimate the cost of doing all this privately? How about tens of thousands of $$$ just to start.

If she pounds ahead with her vendetta (still only her word on all this) and then the police investigation turns up nothing that can be substantiated, then what? Guess who gets to be sued and ruined....OP.

I still say she should wait until an investigation is done before taking any public action against this guy....ESPECIALLY if he is as well-known as she says. Damaging the reputation of a typical working guy who might have to do some 'splainin' to his friends is one thing. Damaging the reputation and earning power of someone who is in the top of that professional food chain is quite another (or, actually quite a few $millions of "other").

 

[JETX]

So, JETX....you are advising OP to take her unproven allegations to the media and her other targets in attempt to expose, ridicule, destroy, or whatever else her intentions may be without fear of being sued?

There you go.... just when we begin to think you might have a small bit of intelligence, you go out and make things up!!
Where did I ADVISE the OP to do anything??
Simple answer.... I didn't. I only CORRECTLY answered her questions.

 

[stephenk]

if the poster files a complaint with the police about the stock trader and it later turns out to be an intentional false report, the poster faces criminal charges for filing such a report and possible civil action by the stock trader.

however, once she files the report with the police she can send it to any publication in the world without penalty. Once it reaches the publication, any liability for publishing the information will fall on the publisher not the poster. Once the publication gets the police report it falls upon the publication to verify the truth of the information before publishing the information.