To the best of my knowledge the fact that the beliefs are genuinely held is
no defence against an action for defamation, though no doubt it would reduce
the level of damages payable. I understand that as long as the statement
lowers the reputation of the individual in the eyes of others, it is
actionable. A defence is that the statement (that he stole) is the
truth - but the defendant would have to provide convincing evidence of that
claim.
Charles
Professor Charles Oppenheim
Department of Information Science
Loughborough University
Loughborough
Leics LE11 3TU
Tel 01509-223065
Fax 01509-223053
e mail [log in to unmask]
----- Original Message -----
From: "Roland Perry" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Monday, November 14, 2005 2:36 PM
Subject: Re: References
> In message
> <!&!AAAAAAAAAAAYAAAAAAAAAIfCFjaFV0BEsFq4L0YKekfCgAAAEAAAAMNJhgl4dudKje+Ug
> [log in to unmask]>, at 14:25:51 on Mon, 14 Nov
> 2005, Tim Trent <[log in to unmask]> writes
>>That is surmise.
>
> No, the beliefs are genuinely held.
>
>> It is defamation, and is actionable.
>
> There is a saying "the greater the truth, the greater the defamation".
>
> Of course, a better reference might be "We can confirm Mr X worked for us
> <fullstop>"
>
>>In message
>><!&!AAAAAAAAAAAYAAAAAAAAAIfCFjaFV0BEsFq4L0YKekfCgAAAEAAAAMIv+6N1IqxJjpM5E
>>[log in to unmask]>, at 14:16:05 on Thu, 10 Nov
>>2005,
>>Tim Trent <[log in to unmask]> writes
>>>I simply think a reference must be fair and truthful, so have never
>>>seen why it was ever "confidential" in the first place.
>>
>>So, would it be acceptable, and truthful, and no risk whatsoever to the
>>reference giver to say: "We believe Mr X stole from us, and from enquiries
>>we have made we believe that he also stole from his previous employer,
>>however we have not been able to produce any evidence which would stand up
>>in court as he did a runner and we think he destroyed the evidence before
>>he
>>left."
>
> --
> Roland Perry
>
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