Comments on: Crimen Injuria http://saulk.co.za/2009/01/16/crimen-injuria/?source=rss Mon, 21 Feb 2011 10:00:19 +0000 http://wordpress.org/?v=2.8.4 hourly 1 By: JMCSwan http://saulk.co.za/2009/01/16/crimen-injuria/comment-page-1/#comment-1630 JMCSwan Sat, 07 Mar 2009 12:25:29 +0000 http://saulk.co.za/?p=398#comment-1630 Not sure if you are aware of the crimen injuria case: State v. Johnstone; Plaintiff: Hon. Patricia de Lille. Plaintiff's motives unknown. Defendant's documentation and background information can be found at: http://crimeninuria.blogspot.com Not sure if you are aware of the crimen injuria case: State v. Johnstone; Plaintiff: Hon. Patricia de Lille. Plaintiff’s motives unknown.

Defendant’s documentation and background information can be found at:
http://crimeninuria.blogspot.com

]]> By: Alexis http://saulk.co.za/2009/01/16/crimen-injuria/comment-page-1/#comment-1579 Alexis Fri, 06 Feb 2009 18:46:58 +0000 http://saulk.co.za/?p=398#comment-1579 screw crimen injuria! in fact- saul, your girlfriend is a ho :p screw crimen injuria! in fact- saul, your girlfriend is a ho :p

]]> By: Paul Jacobson http://saulk.co.za/2009/01/16/crimen-injuria/comment-page-1/#comment-1546 Paul Jacobson Sat, 17 Jan 2009 20:27:31 +0000 http://saulk.co.za/?p=398#comment-1546 There are a number of differences between the Donn Edwards and Duane Brady cases. In Donn's case I believe he legitimately exercised his right to freedom of expression and QVC should not have been allowed to go as far as they did with their litigation. On the other hand the Duane Brady is a criminal matter which arose because the complainant elected to lay a charge with the police rather than sue (civil litigation is expensive whereas criminal prosecutions are handled by the State - that carries its own advantages and disadvantages). Brady appears not to have legitimately exercised his right to freedom of expression although I am sure we will see the parameters of the right dealt with as part of the case. As I pointed out in my post on about the Brady case (http://webtechlaw.com/eldorado-park-man-prosecuted-criminal-defamation-facebook), there are consequences to being careless online. The Web's appearance of a virtual free for all is misleading and when it comes to social networks like Facebook in particular, you are still dealing with real people in a very public forum whose reputations could be dashed overnight. There needs to be some protection for those people while at the same time protecting legitimate forms of expression. There are a number of differences between the Donn Edwards and Duane Brady cases. In Donn’s case I believe he legitimately exercised his right to freedom of expression and QVC should not have been allowed to go as far as they did with their litigation.

On the other hand the Duane Brady is a criminal matter which arose because the complainant elected to lay a charge with the police rather than sue (civil litigation is expensive whereas criminal prosecutions are handled by the State – that carries its own advantages and disadvantages). Brady appears not to have legitimately exercised his right to freedom of expression although I am sure we will see the parameters of the right dealt with as part of the case.

As I pointed out in my post on about the Brady case (http://webtechlaw.com/eldorado-park-man-prosecuted-criminal-defamation-facebook), there are consequences to being careless online. The Web’s appearance of a virtual free for all is misleading and when it comes to social networks like Facebook in particular, you are still dealing with real people in a very public forum whose reputations could be dashed overnight. There needs to be some protection for those people while at the same time protecting legitimate forms of expression.

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