ChatterBank1 min ago
Written conversations and the law.
8 Answers
If a conversation has happened about me which was a written conversation, do I have legal rights to view this conversation? I know 100% this has happened and that what they have written is pure lies about me and my family. Thank you in advance for any help.
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For more on marking an answer as the "Best Answer", please visit our FAQ.Hey guys, thank you for your replies. I do yes. I was emailed by anom. Screen shots of said conversation. It has made me look like a monster reading what these two people have said (none of which is true) but still made me depressed that this was happening. I have had three people treat me like they have heard these from one party too, by way of private facebook message and how they acted when they see me. Apart from that, I don't think others have heard but I am worried that they have. I was made to feel like a monster over christmas last year by one party from the conversation and tried taking my own life on new years day (hey, tell someone something enough times and they start believing it themselves). I can pretty much guarantee that these have happened more since but have had nothing through email as yet. The second person in this was caught out before last year doing this about me with someone else. She gave me her facebook username and password willingly as she thought confessing (well, saying that she said stuff to get it out of the other person) would get her off the hook. It has affected my frame of mind and for a while and after my suicide attempt went to live with my sister (miles away) for a month.
How do you mean 'written conversation' ? Do you mean texting or email ? We need to know the nature of the falsity in it, what the lie is.
As 'written' it could be a libel.The person who wrote the libel could be said to have 'published', as lawyers put it, to the person reading it.The trouble will be getting disclosure of the libellous document, getting sight of it in its written form. You have no right to see any and every 'written conversation'. What evidence do you have of its existence and what it says? All that's needed for libel is that your reputation would lowered in the estimation of right thinking people if they read it.
A secondary problem is that the courts are a bit slow to condemn idle gossip, which few, if any, would take seriously or statements merely an abusive expression of some opinion ("She's a ***"),the latter being rarely actionable at all as libel.
The third problem is cost. Defamation, libel, actions are very expensive to pursue; they can run into hundreds of thousands in costs in extreme cases;and costs of both parties are paid by the loser. There are claimants who manage to get solicitors to agree 'no win, no fee' arrangements (which annoy the defendant, because the claimant's recoverable costs are much higher) but there is a reason why you don't see TV ads advertising such a service for people who think they've been defamed, but only for personal injury and mispaid insurance cases! Legal Aid was never available in defamation cases.
As 'written' it could be a libel.The person who wrote the libel could be said to have 'published', as lawyers put it, to the person reading it.The trouble will be getting disclosure of the libellous document, getting sight of it in its written form. You have no right to see any and every 'written conversation'. What evidence do you have of its existence and what it says? All that's needed for libel is that your reputation would lowered in the estimation of right thinking people if they read it.
A secondary problem is that the courts are a bit slow to condemn idle gossip, which few, if any, would take seriously or statements merely an abusive expression of some opinion ("She's a ***"),the latter being rarely actionable at all as libel.
The third problem is cost. Defamation, libel, actions are very expensive to pursue; they can run into hundreds of thousands in costs in extreme cases;and costs of both parties are paid by the loser. There are claimants who manage to get solicitors to agree 'no win, no fee' arrangements (which annoy the defendant, because the claimant's recoverable costs are much higher) but there is a reason why you don't see TV ads advertising such a service for people who think they've been defamed, but only for personal injury and mispaid insurance cases! Legal Aid was never available in defamation cases.