# Is it a violation to mock and insult someone...

**URL:** <https://boards.straightdope.com/t/is-it-a-violation-to-mock-and-insult-someone/689860>\
**Category:** About This Message Board\
**Created:** [June 2, 2014, 8:40pm UTC](https://boards.straightdope.com/t/is-it-a-violation-to-mock-and-insult-someone/689860 "2014-06-02T20:40:56Z")\
**Posts on this page:** 9\
**Page:** 2

<div class="post-metadata">

**Author:** ![simster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/simster/32/1047_2.png) [@simster](https://boards.straightdope.com/u/simster)\
**Post date:** [June 3, 2014, 3:58pm UTC](https://boards.straightdope.com/t/is-it-a-violation-to-mock-and-insult-someone/689860/21 "2014-06-03T15:58:46Z")

</div>

> [@C\_K\_Dexter\_Haven](#):
>
> .The dream would be recorded on your iPhone (you didn’t know they do that?) and our dream-extensions (“the dream moderators”) would take actions to erase the dream.

What a cheap trick.

---

<div class="post-metadata">

**Author:** ![Drunky\_Smurf](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/drunky_smurf/32/449_2.png) [@Drunky\_Smurf](https://boards.straightdope.com/u/Drunky_Smurf)\
**Post date:** [June 3, 2014, 4:14pm UTC](https://boards.straightdope.com/t/is-it-a-violation-to-mock-and-insult-someone/689860/22 "2014-06-03T16:14:20Z")

</div>

> [@kayaker](#):
>
> Well, as a matter of fact, I’m feeling despondency and sorrow from Ms Sirtis.

You should sue her.

---

<div class="post-metadata">

**Author:** ![Accidental\_Martyr](https://avatars.discourse-cdn.com/v4/letter/a/ce7236/32.png) [@Accidental\_Martyr](https://boards.straightdope.com/u/Accidental_Martyr)\
**Post date:** [June 3, 2014, 8:37pm UTC](https://boards.straightdope.com/t/is-it-a-violation-to-mock-and-insult-someone/689860/23 "2014-06-03T20:37:12Z")

</div>

> [@Tangent](#):
>
> Whew–that’s a relief! I was afraid we’d pissed off Marina Sirtis.

…or Maggie Gyllenhaal.

---

<div class="post-metadata">

**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\
**Post date:** [June 3, 2014, 11:57pm UTC](https://boards.straightdope.com/t/is-it-a-violation-to-mock-and-insult-someone/689860/24 "2014-06-03T23:57:45Z")

</div>

> [@GrandWino](#):
>
> Time to shut down the internet then.

I knew that thing would never last!

---

<div class="post-metadata">

**Author:** ![BigT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bigt/32/12044_2.png) [@BigT](https://boards.straightdope.com/u/BigT)\
**Post date:** [June 4, 2014, 1:17am UTC](https://boards.straightdope.com/t/is-it-a-violation-to-mock-and-insult-someone/689860/25 "2014-06-04T01:17:54Z")

</div>

> [@C\_K\_Dexter\_Haven](#):
>
> The dream would be recorded on your iPhone (you didn’t know they do that?) and our dream-extensions (“the dream moderators”) would take actions to erase the dream.

I really wish you mods wouldn’t do that. If no one likes it, the dream will fall to the bottom and disappear from our memories by itself.

---

<div class="post-metadata">

**Author:** ![C\_K\_Dexter\_Haven](https://avatars.discourse-cdn.com/v4/letter/c/b2d939/32.png) [@C\_K\_Dexter\_Haven](https://boards.straightdope.com/u/C_K_Dexter_Haven)\
**Post date:** [June 5, 2014, 8:42pm UTC](https://boards.straightdope.com/t/is-it-a-violation-to-mock-and-insult-someone/689860/26 "2014-06-05T20:42:53Z")

</div>

> [@BigT](#):
>
> I really wish you mods wouldn’t do that. If no one likes it, the dream will fall to the bottom and disappear from our memories by itself.

It’s not that no one likes your dream, it’s that you have over 150,000 viewers every Tuesday night.

---

<div class="post-metadata">

**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\
**Post date:** [June 6, 2014, 2:16am UTC](https://boards.straightdope.com/t/is-it-a-violation-to-mock-and-insult-someone/689860/27 "2014-06-06T02:16:20Z")

</div>

> [@jimbuff314](#):
>
> Hmm. I am a bit concerned here. Could mocking/insulting someone who is a celebrity (or reasonable facsimile thereof) lead to slander/defamation lawsuits against this board? Not trying to stir anything up, getting clarification due to relatively recent events. Er, relatively recently re-started events _seven years_ after the initial fact.
> 
> Or is it something like “If they (said celebrity) call the board on it, the thread will be closed down?”

The board itself is likely protected by a safe harbor provided by the Digital Millennium Copyright Act of 1998. However, that doesn’t mean that a legitimate defamation claim would necessarily go for naught. If the complainant makes a prima facie case for defamation, then it’s likely that he or she can get a subpoena to force the SDMB or any intervening ISPs to divulge any contact information that they have.

Note that “insulting” by itself is not defamation. Defamation is

1. A claim of fact
2. That is false
3. Whose falsity is intentional or the result of negligence (in the case of a public figure that is made with actual malice or with a reckless disregard for the truth).
4. Made in public
5. That tends to harm the good name or reputation of the person about which the claim is made

Note that opinions are not defamatory. Neither are true claims of fact.

---

<div class="post-metadata">

**Author:** ![rsa](https://avatars.discourse-cdn.com/v4/letter/r/839c29/32.png) [@rsa](https://boards.straightdope.com/u/rsa)\
**Post date:** [June 6, 2014, 2:32am UTC](https://boards.straightdope.com/t/is-it-a-violation-to-mock-and-insult-someone/689860/28 "2014-06-06T02:32:17Z")

</div>

This story, [**Kentucky blogger beats McConnell, gets back his YouTube clip**](http://www.msnbc.com/rachel-maddow-show/kentuckentky-blogger-beats-mcconnell), concerns fair use of copyrighted material, not defamation claims, but was resolved by YouTube within three weeks.

---

<div class="post-metadata">

**Author:** ![Siam\_Sam](https://avatars.discourse-cdn.com/v4/letter/s/d78d45/32.png) [@Siam\_Sam](https://boards.straightdope.com/u/Siam_Sam)\
**Post date:** [June 6, 2014, 3:00am UTC](https://boards.straightdope.com/t/is-it-a-violation-to-mock-and-insult-someone/689860/29 "2014-06-06T03:00:28Z")

</div>

> [@Acsenray](#):
>
> The board itself is likely protected by a safe harbor provided by the Digital Millennium Copyright Act of 1998. However, that doesn’t mean that a legitimate defamation claim would necessarily go for naught. If the complainant makes a prima facie case for defamation, then it’s likely that he or she can get a subpoena to force the SDMB or any intervening ISPs to divulge any contact information that they have.
> 
> Note that “insulting” by itself is not defamation. Defamation is
> 
> 1. A claim of fact
> 2. That is false
> 3. Whose falsity is intentional or the result of negligence (in the case of a public figure that is made with actual malice or with a reckless disregard for the truth).
> 4. Made in public
> 5. That tends to harm the good name or reputation of the person about which the claim is made
> 
> Note that opinions are not defamatory. Neither are true claims of fact.

You could sue in a Thai court. Even if the claim is true, the law here will find you guilty of defamation if it can be proved the insultee suffered from any loss as a result. This is why – and I’m not kidding – you never EVER see a bad restaurant review in Thailand, because reviewers get the hell sued out of them for negative reviews and lose every time.

[Previous page](https://boards.straightdope.com/t/is-it-a-violation-to-mock-and-insult-someone/689860.md?page=1)
