Goosey Goosey Slander

So The Defamation Bill is about to be debated in the Commons.

Ostensibly this gives social networking web site owners a little protection against libel suits that may result from complainants taking objection to something web users may write or publish about the complainant on such web sites. If the web site owners identify the “troll” they themselves won’t get sued.

On the face of it, it is a good idea. It makes the right people accountable for their words and actions. I’m sure the owners of Twitter and Facebook et al will breathe huge sighs of relief if the bill gets approved.

But what does it mean for the rest of us?

Libel is a strange beast. People – particularly minor celebs with major egos – like to sue for it at the merest provocation. Even big celebs have been known to pay off mortgages on second homes with a well won libel suit.

But it’s one thing to sue a multinational newspaper but what about an average-Joe Twitter user? What about suing a blogger? What about suing the likes of you or me?

I guess we all need to be careful about what we say or write from now on. We all need to be clear about what is mere opinion and what is untruth or unsupportable truth.

Because part of the deal with this bill is that the complainant has to show that they have suffered serious harm to their reputations, or are likely to do so before they can take their defamation case forward.

I feel rather ambivalent on this issue, I must admit. Lord knows I have no respect for someone who prints lies and untruths and says that so-and-so shagged so-and-so with a hastily bought legume from Tesco just because they wanted to enjoy the emotional fall-out and social trauma that ensued. But at the same time I reserve the right to say that so-and-so is an utter arse with the brain of a Eurovision songwriter and deserves to be knocked verbally into a cocked hat if that is my personal take on the matter. Lord knows I have given the likes of Russell Brand, Eamonn Holmes and, just recently, Gary Barlow a right Royal drubbing on this here blog and done it with hyperbolic gusto.

But what if these guys feel I have damaged their reputation?

I mean, God knows my opinion is the only one that matters and careers are made or broken on my most nonchalant say-so. I am the all-powerful uber-blogger, after all.

But what if Russell Brand blames me for the break-up of his marriage and the loss of his virility? What then, huh?

Whoa! Whoa! That last bit was just a joke, OK? I’m sure Russ is as permanently randy as an IT student at a Spearmint Rhino half price night but you see how easy it is to fall into this libel trap? I make a non-serious joke about Russell Brand’s completely un-alleged flagging bedroom prowess and suddenly I’m libel fodder. Even though it was plainly a jape and just a device to express my opinion and imagine how worse it could have been if I’d rung him up and left him a telephone message saying that his old man drooped worse than an end-of-season bungee rope? I don’t think a bunch of flowers and an apology would get my arse out of the flames quick enough. My goose would be well and truly cooked. And my bank account plundered and dumped quicker than one of Russell’s ex-girlfriends.

So what’s the answer?

Well, it’s simple.

We have all got to start being nice to each other. And more importantly than that: nice about each other.

I know. Terrible, isn’t it?

What the hell are we all going to write about?

Censorship And Sensibility (With Apologies To Jane Austen)

“So, I said to her, I said to her, blue parasols are sooo passé. So last year. Only the lower orders go for blue parasols. You’re not much better than a milkmaid in your Sunday best if you carry a blue parasol around with you. So common. Well, I said it so loud she turned and fled red-faced and hasn’t dared to show herself here at Eastwick Towers again. Everybody who was there who saw and heard it thought it frightfully entertaining.” And with that Fanny dissolved into rather undemure laughter while her good friend and confidante, Jane, applauded her for her cutting-edged wit and prettily voiced cruelty.

It was at that moment that Mr D’Arcy presented himself to them both with his cheeks flushed and a little dappled with perspiration.

“Well, hello, Miss Fanny and Miss Jane, what splendid luck to find you both here. I confess I am rather ebullient in my sentiments today for I have just published my own pamphlet to sell to the good people of London. Pray take a look and tell me if it is to your liking.”

Mr D’Arcy forthwith inserted his glossy looking tome into the hands of the suddenly quivering ladies.

“Oh I say, what a jolly funny name,” said Fanny. “Put It In Your Pipe And Smoke It.”

“Indeed.” Replied Mr D’Arcy. “It has a certain ring to it and reflects my own personal viewpoint. It is merely my own opinion which thanks to the laws of this great and noble country, I am at liberty to express freely.”

Fanny began flicking through the pages and suddenly her face paled and fell. She looked suddenly distressed. “Oh Mr D’Arcy how could you? You have written a piece here attacking the red parasol. How could you be so brutish and cruel when you know I am never seen without a red parasol.” And with that Fanny waved aloft her parasol which was indeed red.

“Oh my.” Stammered Mr D’Arcy. “Madam, I had no idea you carried a red parasol, truly I didn’t. Besides my piece does not attack your parasol specifically only certain red parasols generally. And, at the end of the day, good lady, as my disclaimer clearly states, the views contained within this publication are purely my own personal opinion and are not meant to be authoritative.”

“Tish tosh.” Said Fanny. “That makes no difference to my case. I feel personally slighted therefore the slight is real and I have been most certainly slighted. What you have written there, sir, is slander and defamation and infamy. You have slandered my good name by my known association with red parasols in bold print, sir, in your infernal publication, and it causes me upset and hurt. Every court in the land will surely see it so.”

Mr D’Arcy composed his face a little after this outburst and strove to speak calmly and measuredly. “Come, come, Miss Fanny. Consider this: you yourself not two minutes before reading my pamphlet did speak uncivilly about blue parasols. Indeed you recounted how you sent the owner of a blue parasol packing with your cruel barbs ringing about her ears and you did so in full view of witnesses and furthermore have recounted the story to Miss Jane thus exacerbating the damage done to this anonymous lady’s name. You have made your views and opinions public in a manner which also caused hurt and upset. Is this also not slander and defamation and infamy? I wager every court in the land will most certainly see it so.”

And turning upon his heel forthwith Mr D’Arcy made his excuses and left Eastwick Towers for, despite the transparency and glassiness of its walls, the occupants within were wont to throw stones with appalling regularity in order to not be able to see their own reflections staring back out at them from the glass.

The End.