tag:blogger.com,1999:blog-7309929059139673041.post3383161473229617011..comments2024-03-28T21:30:33.665+02:00Comments on Daas Torah - Issues of Jewish Identity: Liability for making Defamatory comments on InternetDaas Torahhttp://www.blogger.com/profile/07252904288544083215noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-7309929059139673041.post-58684303357450868082013-01-08T19:43:30.570+02:002013-01-08T19:43:30.570+02:00The most likely population freely to post their fe...The most likely population freely to post their feelings online are teenaged students, and with the class size ratio being what it is, it is only inevitable that every teacher will attract wantonly defamatory comments. For this reason, some States have seen fit to legislate special protections for teachers, punishing students who go outside their bureaucratic recourse to publicly to offer personal degradations of their teachers.Constitutionalistnoreply@blogger.comtag:blogger.com,1999:blog-7309929059139673041.post-38733584055031361072013-01-08T15:33:26.196+02:002013-01-08T15:33:26.196+02:00Perhaps the main issue was the accusation of stole...Perhaps the main issue was the accusation of stolen jewelry. Complaining about a job poorly done or not at all would be much harder to challenge. After all, she presumably has the quote, the details of what the contractor promised, etc. Mighty Garnel Ironhearthttp://garnelironheart.blogspot.comnoreply@blogger.comtag:blogger.com,1999:blog-7309929059139673041.post-15678392789334766712013-01-07T14:07:18.212+02:002013-01-07T14:07:18.212+02:00More importantly for us is the Torahdic approach t...More importantly for us is the Torahdic approach to this issue. I would find it hard to believe that an open derogatory review could be permissible due to the Halachos of Lashon Hora. Whereas there are situations in which it is permissible to provide negative information about someone, a number of conditions are absolute. Among them are the necessity of the information being provided for To'eles. A post that is openly available to anyone, whether or not they may require the information, would appear to violate this condition.<br />However, it would be interesting to hear how our Gedolim might relate to the fact that the Internet and appropriate forums allow the information to be disseminated to interested parties who might not otherwise be made aware of information that is for to'eles.<br />In addition, the information must be provided without rancor. From the above post, it appears that this was not the case.<br />As to monetary aspect, it appears that there is really no Halachic claim for compensation, because the monetary damages brought about my the defamatory post should be considered Grama and not Nezek. To my knowledge, the only place where there are monetary damages for defamation are in a case of Motzi Shem Ra. However, this is considered a fine and cannot be learned from, as is clear from the Gemara in Makos.<br />So to sum it up, the review should never have been posted, and the suit should never have been filed. Two wrongs do not make a right!Yehuda Znoreply@blogger.com