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

[JETX]

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.

100% correct.
I might add though.... "it falls upon the publication to verify the truth of the information before publishing the information" only applies as to the fact of the criminal complaint being filed. The publication has NO obligation to determine the validity of the complaint itself.

 

[stephenk]

true. just listen to matt drudge, 20/20, entertainment tonight, etc. to hear the accusations they publish.

 

[BelizeBreeze]

And I know that I'm going to be sorry I re-entered but I agree. The publisher in this scenario is only publishing the fact of the filing...

and THAT is why I advised what seems ages ago that this poster wait until the DA takes action. Intent can be proven by actions and does not necessarily need to be proven with fact. If they wait until the D.A. acts and charges are not brought then the matter can be disposed of quiety.

If the D.A. does bring charges then plastering the news all over the front lawn of the perpetrator's home (except for litering) is perfectly safe and limits personal liability drastically.

In some cases, it's not what's right or legal, it's what is prudent that counts.

 

[JETX]

In some cases, it's not what's right or legal, it's what is prudent that counts.

Please visit out new forum... at http:BePrudent.com/

 

[BelizeBreeze]

Please visit out new forum... at http:BePrudent.com/

Can't you just feel the love

 

[dallas702]

Wasn't that what I meant?

 

[nyflash]

Wow. What a list of responses! I am the OP.Thanks to those who answered my question sans personal attacks. Let me make a brief comment here: I think it is extremely unlikely that the "complaint" of simple assault will be dismissed without a trial at the municipal court level (as there are medical records, etc, to substantiate it). One's complaint would have to be absolutely ludicrous for it to be dismissed w/o a trial or a plea, at the municipal level. That complaint will very likely be heard regardless of what decision is made regarding the other, felony, complaint. IF the media deems this worthy of their attn, I would absolutely welcome their presence at the trial, which they can't attend if they don't know about it.

Even if the judge finds the defendant not guilty... a "not guilty" verdict means only that "the state" coudn't meet the burden of proof -- not that the defendant is "innocent" by any means, or that the victim was making false complaint.

However if, after receiving the complaints, the media then contacts me at some point, and i provide them with details of the assaults (which i am unlikely to do, pre-trial -- but I may do so post-trial), and if the defendant were to sue me, for any kind of defamation... would the burden of proof be on ME, to show that the allegations or statements I made were true, or on the defendant, to prove they were false?

 

[JETX]

However if, after receiving the complaints, the media then contacts me at some point, and i provide them with details of the assaults (which i am unlikely to do, pre-trial -- but I may do so post-trial), and if the defendant were to sue me, for any kind of defamation... would the burden of proof be on ME, to show that the allegations or statements I made were true, or on the defendant, to prove they were false?

In a case like this.... there is no 'absolute' proof of fact. The court would have to rely on the evidence and testimony presented. If it finds that your 'version' is likely, it is also likely that a defamation suit would not be successful.

I have to say though.... that the cost of defending against a defamation suit is not cheap..... and it sounds like your 'suspect' may have considerable resources.

One last issue... concern really.
Your even suggesting concern for a defamation suit (and burden) would make a normal person suspect the validity of the complaint. I 'real' victim, in their indignation and desire to 'right a wrong', wouldn't even slow down to consider it.