“When PDP supporters attempt to deafen and blindfold innocent Nigerians with gory tales of so-called APC crimes, APC supporters should remain focused by beaming the light in the task of building a future Nigeria in which the dignity and liberty of all Nigerians will be respected.
Discrimination trial starts next week
A discrimination suit filed against Heartland Regional Medical Center is scheduled to begin in Dec. 3 and could last five days.
Dr. Ann Riggs sued the Heartland Clinic of Platte City in 2013 for gender discrimination and retaliation after she was put on leave and eventually fired.
In a petition filed by her attorneys, Riggs claims that she was understaffed while a male co-worker was given more staff members.
“The discrimination was in the form of unequal terms and conditions of employment in that she was consistently assigned fewer staff members than her male counterpart,” the filing reads. “(Riggs), however, saw more patients than him on an average daily basis.”
Riggs complained to the clinic administrator that the assignment of staffing was not equal in 2011.
Heartland denied those allegations and, in a response, claimed that an investigation was done into “the many allegations from female staff members that (Riggs)” had created a hostile work environment for others.
In December 2012, a meeting was allegedly held to inform Riggs that staffing would not change.
Later that month, an additional LPN (licensed practical nurse) was added to Riggs’ staff, but she claims no other staff was added after that date.
Heartland claims that no other staff was needed and the addition of the LPN proved that.
“(Heartland) admits that a trial LPN was utilized to test (Riggs’) theory that she allegedly needed more staff support, but when the LPN reported back that she was not needed and had no work to perform, the trial was not continued,” the answer reads.
Riggs also claims that Heartland deducted a very large loan payment from her check when they are usually forgiven or “very minimal.”
Heartland denies that allegation.
Riggs was escorted out of the clinic and put on paid leave in February 2013.
‘Defamation is back big time’, says senior judge, but warns victories may be Pyrrhic
Australia is seeing a rise in #MeToo defamation cases coming to court, but our legal system is not equipped to handle them, according to a senior judge.
Actor Geoffrey Rush, Labor politician Luke Foley and Greens MP Jeremy Buckingham have all had allegations of sexual misconduct levelled against them, and all have strenuously denied it.
An increasingly popular way of getting to the bottom of the allegations is by going to court, as Rush has.
“It’s an awful lot of cases,” Judge Judith Gibson told AM.
Judge Gibson has presided over defamation cases in the NSW District Court for nearly two decades.
She said she was concerned that Australia’s court system could not cope with the rising number, particularly with the more challenging #Metoo cases.
“The whole concept of #MeToo is so unexpected and so out of sync with existing legislation, this is one of many areas of the law that really needs consideration,” she told The World Today.
“The problem is that changes to society and changes in technology are simply moving too fast for the law to keep up.”
Judge Gibson cautioned that the nature of evidence submitted in defamation proceedings meant the truth was often missed.
“When you have allegations of a #MeToo nature explored in the criminal context, there are a number of safeguards that are put in place,” she explained.
“The whole criminal procedure is aimed at ensuring that the truth of the allegation is explored in the framework of those safeguards.”
But with defamation, those safeguards are not there.
“There’s nothing to stop counsel for the plaintiff asking the alleged victim a lot of questions that would never be permitted in criminal proceedings,” she said.
As a result, taking matters to court can become counterproductive.
“Solving these matters in a defamation framework is not going to achieve much,” she said.
“The effect of the publicity in cases of this nature can itself be counterproductive.
‘2019 Campaigns Must Be Devoid Of Insults, Defamation’
Director general of the Progressives Governors Forum (PGF) Salihu Mohammed Lukman has called on members of the All Progressives Congress (APC) to concentrate on showcasing the achievements of the APC government over the years and not respond to insults and defamation from the main opposition party, the Peoples Democratic Party (PDP).
Alhaji Lukman who was a governorship aspirant in Kaduna State on the APC platform in 2015 said the call became expedient because Nigerians will vote for any political party if convinced of its achievements, stressing that the APC has done well to get reelected into power in 2019.
A statement issued by him reads in part, “It is interesting how some people reduce 2019 campaigns to maligning APC, PMB, Adams Oshiomhole and all leaders of the party. Presumably, this is expected to promote the PDP, its presidential candidate, Atiku Abubakar and the party leadership.
“What exactly is being promoted? What should we expect from a candidate and a party that is reducing the 2019 campaigns to a contest of insults and defamation?
“APC faithful should rise to this occasion by ignoring all the abuses and insults by broadcasting achievements of APC FG and state governments since 2015. When PDP supporters go low with their abuses and insults, APC supporters must go high by continuing to count PMB and APC state governments’ achievements.
South Korean police find governor’s wife made defamatory tweets
South Korean police find governor’s wife made defamatory tweets
South Korean police have handed over a case, involving the wife of a South Korea’s Gyeonggi Province governor and her alleged defamatory and false tweets, to the public prosecution on Monday.
The Gyeonggi Nambu Provincial Police Agency forwarded the case to a public prosecutor’s office after it concluded that the governor’s wife is the owner of a Twitter account that repeatedly spread false information and defamatory remarks in some 40,000 tweets for the past seven months.
Kim Hye-gyeong, who police viewed to be the owner of the most talked-about Twitter account in South Korea “Haegyeonggung Ms.
Kim,” has been accused of spreading false information and defamation and slander against political rivals of her husband, Gyeonggi Province Governor Lee Jae-myung.
The defamation suit filed against Elyria law director
Former Elyria City Prosecutor Matt Mishak has filed a defamation lawsuit against his former boss, Elyria Law Director Scott Serazin, weeks after a federal court dismissed a similar lawsuit filed by Mishak against both Serazin and the city.
The new lawsuit was filed Friday morning in Lorain County Common Pleas Court. On Oct. 30, a federal magistrate dismissed Mishak’s complaint, which was filed in July 2017 and accused Serazin of malicious prosecution, creating a hostile work environment and failing to provide reasonable accommodation for Mishak’s attention deficit hyperactivity disorder.
Mishak’s attorney, Shawn Romer, said the federal court dismissed the case after ruling that some of the claims in the original suit would better handled at the state level.
“The judge ruled only on the federal claims,” Romer said. “Our strongest claims were state claims, so we are filing the state claims in state court. The federal claims were dismissed, but the crux of our complaint were the state claims. We’re looking forward to litigating it in state court.”
Romer said the judge did rule on what were considered to be the federal claims, such as federal employment claims and federal malicious prosecution claims. The judge dismissed all of them, Romer said.
Mishak was suspended in July 2017 and fired soon after by Serazin over allegations that he misused city time by working for Grafton while working in Elyria. Mishak had served as the part-time prosecutor for the village while he was working for the city.
Mishak, who has worked with The Chronicle-Telegram on photos taken with aerial drones, has denied wrongdoing. Last December, the Ohio Supreme Court closed its investigation, declined to proceed any further into allegations of theft in office and dismissed the case against Mishak.
Romer said the claims in the lawsuit against Serazin are similar to the defamation claims in the lawsuit filed in federal court last year, which he reiterated he feels are the strongest claims Mishak has against Serazin.
“We feel very strongly about this defamation claim, and we’re going to pursue it to the fullest extent possible,” Romer said.
Serazin said he had been unaware a lawsuit had been filed in Common Pleas Court and declined to comment it. He did say he was pleased with the federal court’s decision to dismiss the original complaint.
#MeToo: Lawyers Say Defamation Cases Being Used To Intimidate Survivors
Defamation Cases Being Used To Intimidate Survivors
Sometime around October this year, 27-year-old Nidhi Khanna, who is in her fifth year of law practice, came across a #MeToo allegation that left her appalled.
“A woman tweeted that she was sexually harassed as she was forced to give a blowjob to a man.
But, what happened to her was rape,” the lawyer who specialises in civil and rights based cases shares.
Khanna feels several women calling out their abusers are unaware of the legal parameters and how they can seek redressal.
India’s MeToo movement gained significant ground on social media in mid-September 2018 after actor Tanushree Dutta spoke up against co-actor Nana Patekar.
The unprecedented outpouring of anger and solidarity took many forms, with many women taking to social media to name and shame perpetrators.
Taking the cause to its legal end, over 80 lawyers from across the country volunteered on Twitter to provide pro bono legal advice to survivors.
Subsequently, a directory in the form of an excel sheet with their contact details was created by Mumbai-based lawyer Rutuja Shinde and shared on multiple social media platforms.
Law of Defamation, Newspaper Publication & Journalistic Improprieties
Defamation means to take away or destroy the good fame or reputation; to speak evil of; to charge falsely or to asperse. According to Winfield, ‘defamation’ is the publication of statement which tends to lower a person in the estimation of right-thinking members of society generally or which tends to make them shun or avoid that person. It is “libel” if the statement be in permanent form and “slander” if it consists in significant words spoken or gestures. In the matter of: Parmiter V/s Coupland, 1840 (6) MLW 105, it was observed that, defamation means a publication, without justification or lawful excuse, which is calculated to injure the reputation of another, by exposing him to hatred, contempt, or ridicule. Further, in the matter of: Myroft V/s Sleight, 1921 (37) TLR 646, it was observed that, a defamatory statement is a statement concerning any person which exposes him to hatred, ridicule or contempt or which causes him to be shunned or avoided or which has tendency to injure him in his office, profession or trade. In India, by virtue of report in the matter of: Manisha Koirala V/s Shashi Lal Nair & Ors, 2003 (2) BCR 136, following test was laid down in order to determine whether or not a particular statement is defamatory:
A. A statement concerning any person which exposes him to hatred, ridicule, or contempt, or which causes him to be shunned or avoided, or which has tendency to injure him in his office, profession or trade is defamatory;
B. A false statement about a man to his discredit is defamatory; and,
C. Words which tend to lower the plaintiff in the estimation of right-thinking members of society generally, are defamatory.
Essential ingredients of the tort of defamation:
a. Malice (The words must have been published maliciously);
b. They must be defamatory;
c. The words must have reference to the plaintiff; and,
d. They must be published.
Decision in the matter of: Subramanian Swamy V/s Union of India, Ministry & Ors, (2016) 7 SCC 221:
In the matter of: Subramanian Swamy (Supra) it was observed that-
a. A defamatory statement is one which has tendency to injure the reputation of the person to whom it refers; which tends to lower him in the estimation of right-thinking members of society generally and in particular to cause him to be regarded with feelings of hatred, contempt, ridicule, fear, dislike, or disesteem. The statement is judged by the standard of an ordinary, right-thinking member of society. (See: Bata India Ltd. V/s A.M. Turaz & Ors, 2013 (53) PTC 536, and, Pandey Surindra Nath Sinha V/s Bageshwari, AIR 1961 Pat 164)
Yair Netanyahu Sues Former Driver for Secretly Taping Strip Club Conversation
Yair Netanyahu Sues Former Driver for Secretly Taping Strip Club Conversation
One of the prime minister’s sons, Yair Netanyahu, filed suit on Sunday against his driver, who secretly recorded him talking with friends about a strip club and then sold the recording to the media.
Yair Netanyahu is seeking one million shekels ($270,000) from Roy Rosen, who at the time was working as a driver for the Prime Minister’s Residence.
The suit alleges a violation of privacy, defamation and eavesdropping.
“The plaintiff [Yair Netanyahu] is not a public figure, and he never chose a position of his own accord that involves a loss of privacy and anonymity,” the suit states.
“Under these special circumstances, the obligation of confidentiality and loyalty owed him by the people who provide services to [him] is many times greater. Such people must do everything in their power to give the plaintiff a sense of security and let him conduct himself in a natural manner, as he would have had they not been at his side.”
What is defamation and where do we draw the line in Australia?
A number of high-profile Australian defamation cases are being heard this month.
Greens Senator Sarah Hanson-Young is suing Liberal Democrat Senator David Leyonhjelm, while Australian actor Geoffrey Rush will have his time in court from Monday in a case against newspaper The Daily Telegraph.
Defamation cases are increasingly in the spotlight, but what exactly do they entail?
What is defamation?
Defamation refers to the process of defaming someone, so to speak.
If someone feels published material seen by over one person has lowered their reputation in the eyes of the public, they have grounds to file a defamation case.
One way of defending a defamation claim is by proving the truth of whatever claim that material is making.
“If you tell the truth about someone, that is a defence to defamation,” The University of Sydney Law School’s Professor David Rolph told SBS News.
“People are only entitled to the reputation they deserve, not the reputation they have.”
Another defence is the right to what is known as “fair comment” or “honest opinion”.
“If you express your opinion about a matter of public interest and it’s based on true facts, then you are entitled to the belief that you have,” Professor Rolph said.
High-profile Australian cases
Senator Hanson-Young and actor Rush are far from the first public figures to become embroiled in defamation cases.
Former Queensland premier Joh Bjelke-Petersen sued the Nine Network for $400,000 in 1986, while Jeff Kennett got the same amount of money from the Nine Network for when he was Victorian premier in the mid-1990s.
More recently, Australian actress Rebel Wilson sued Bauer Media for $4.7 million over articles she said damaged her career by depicting her as a liar. Her payout was later reduced by 90 percent after appeal.
Former Liberal MP Sophie Mirabella was earlier this year awarded almost $300,000 after she was found to have been defamed by a rural Victorian paper.
Can the average person be defamed or defame someone?
Yes and yes.
A study this year by the Centre for Media Transition at the University of Technology found just one in five plaintiffs in Australian defamation cases between 2013 and 2017 were public figures, and just one in four defendants were media companies. Over half the defamation cases (51 per cent) were digital, the study found.
“Social media platforms, which allow us to be publishers to the world at large, have increased the opportunities for people to damage the reputations of others in front of a much wider audience,” Professor Rolph said.