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Mother Sues After Bebo Story Hits Press
Posted by
kdawson
on Fri Jul 11, 2008 10:51 AM
from the what-was-once-private dept.
from the what-was-once-private dept.
slick_shoes notes a story out of England: a woman named Amanda Hudson is suing six national newspapers for defamation and breach of privacy after they ran stories based on her 15-year-old daughter's exaggerated claims about her party, published on her Bebo site. The party was held at the family's £4m villa in Spain, and the daughter's account claimed that jewelery had been stolen and furniture and a television set thrown into the swimming pool; in addition there were claims of sex and drug use. The mother says that this was all falsehood and exaggeration. A number of newspapers picked up claims and photos from Bebo and ran them nationally. From the article: "The case is expected to have far-reaching consequences for third parties who use or publish information from social networking sites. Lawyers say it could place a duty on all second-hand users to establish the truth of everything they want to republish from such sites."
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Editors? (Score:5, Insightful)
> Lawyers say it could place a duty on all second-hand users to establish the truth of everything they want to republish from such sites
Isn't that what newspaper reporters and editors are for?
Re:Editors? (Score:5, Insightful)
Fact checking is so last century. In the NEW and CONNECTED world of WEB 2.0, flash-mobs in the blogosphere fact check everything for you!
Parent
Assuming the mother is telling the truth (Score:5, Informative)
By US standards this case would likely be tossed out.
The first story I found from the Daily Mail [dailymail.co.uk] included getting a response from the mother, quotes from other party goers, etc
Just because the mother denies (possibly criminal, depending on how hitting her daughter occurred and what the laws are regarding serving minors alcohol over there) the report doesn't mean it was defamation or they didn't do their jobs. Maybe the quotes were made up, and maybe the pictures from the girl's blog didn't show what they seemed to (teenagers paired up in bed, passed out drunk girls, young men/teenagers carrying beer around) but we shouldn't assume that.
According to wiki in the UK
The US uses a somewhat similar standard. If you've got claims by the daughter, quotes from friends of the mother, and from party goers (and these are not fabricated) then to me "due care" has probably been taken.
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Re:Assuming the mother is telling the truth (Score:4, Interesting)
IANAL and all the other caveats about not knowing everything...
I think that solicitors that encourage action when that is not good professional advice, should be ordered by the courts to pay all costs and there should be no cost to the person taking action. The mother naturally wants to take action, I accept that she is asking to take action... but the solicitor is the professional and should have an obligation to make it really clear that there is no case when there is no case. If the courts made a few solicitors pay when it was beyond doubt that they had encouraged action, then it would make the rest think twice before recommending action. Such a ruling would also cut down on frivolous claims by greedy companies...
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Re:Yeah you just made that up (Score:4, Insightful)
Why is it ridiculous? What possible harm could a half glass of cider or whatever given to a child by a parent under supervision cause? If more parents gave their children small amounts of alcohol as they grow up (e.g. at the dinner table) then young adults would be more responsible towards alcohol as in countries such as France. By "more responsible" I mean less likely to go out 'on the town' and far surpass their limits.
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Re:Editors? (Score:5, Funny)
You are argueing with someone that cannot get through 3 words without swearing about what is insightful??? You will not last long here :-))
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Re:Editors? (Score:5, Interesting)
Thankfully you said 'Newspaper' editors, if we held the editors around here to that standard there would be no stories!
Seriously, this is stupid; her daughter published the 'facts' as it were. She may have a claim, but her daughter should be enjoined from having a claim.
If I tell you I'm a drunk, and you publish it I can't later say that it wasn't true and sue you for publishing it.
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Re:Editors? (Score:5, Insightful)
Actually the ONLY way they can get away with it and NOT lose the lawsuit is to have said throughout the story "the young, 15 year old girl's blog CLAIMS that... etc etc."
If they said "and in related news, etc mansion was host to a party and etc got high, knocked up and smashed a TV" that's libel/defamation. Claims have to be attributed as such. Only verified information can be claimed to be true. I wager most newssources wouldn't verify shit they run anymore than most consumers of said news sources would actually VERIFY the news sources reports.
Prime example. Remember Die Hard 4? Remember the scene where everyone watches the bad guys take out the capitol? (or was it the white house?) Remember how the people near there go outside and see it is okay and still standing? What about all the other poor bastards who have no way of verifying or cannot be bothered or have had their government run communications get taken out? (Hence why i recommend everyone have a CB radio or ham rig in their home, even without repeaters, the chain effect works enough to cover a whole region of concerned individuals.)
Verification, personal inquiry are both important factors of stories, and journalists have discovered that yellow journalism works. Why report a "claim" as a "claim"? Because it keeps the libel cases away from your door.
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Re:Editors? (Score:4, Informative)
You are 100% correct. I worked for a newspaper once and my editor would constantly hammer into us that we had to "quote, quote, quote!" If somebody said something, we were to write it as "somebody said something".
Anything not attributed as a quote is viewed as fact in the news, so quoting is of utmost importance when reporting anything that has not been proven to have occurred; if not for accuracy's sake, at least for liability protection. People will sue, and win, over the smallest details that were reported as fact when they were not verified as such.
As a side point, any journalist who uses an online post as a source without further research is nothing short of a shoddy reporter.
Parent
Re:Editors? (Score:5, Funny)
That reminds me of how Fox News is constantly discussing crazy online rumors as if they were credible facts.
'Reports say that Obama has a taste for kittens! What a devastating blow to his campaign! Surely he will lose ground in the animal rights voting bloc. We'll cover this next on our 3 hour special "Barack-uriosity Killed the Cat."'
Hannity comes in: "So is the cat out of the bag on the Obama campaign? MySpace reports....." and so on and so forth
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Re:Editors? (Score:4, Funny)
Reports say that Obama has a taste for kittens! What a devastating blow to his campaign! Surely he will lose ground in the animal rights voting bloc. We'll cover this next on our 3 hour special "Barack-uriosity Killed the Cat."
Does he huff them? [uncyclopedia.org]
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Re:Editors? (Score:4, Insightful)
Sadly for the plaintiff the account came from a member of the family in a published journal (her daughter's website). How many times have there been stories of say Slashdot which were questionable. Then the comments started to fly.
Still it all boils down to the daughter's web posting. It's close enough a legitimate source for a judge to toss it. If a journalist made it up out of whole clothe that's one thing this is from a direct source.
Who may be a liar.
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Re:Editors? (Score:5, Informative)
To quote John Swinton [constitution.org]:
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Re:Editors? (Score:5, Insightful)
You'd think that having incorrect information would tend to dissuade customers from parting with their money
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Re:Editors? (Score:5, Insightful)
You'd think that having incorrect information would tend to dissuade customers from parting with their money
You'd think, but sadly, no.
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Re:Editors? (Score:5, Insightful)
If that was true most of the tabloids would have gone bankrupt years ago.
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Re:Editors? (Score:5, Funny)
A stopped clock is occasionally right.
Do you find that when you say that face to face, people nod as if they agree with you, then their eyes sort of glaze over, then they start glancing at their watch and ... umm, gotta go - dental appointment!
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Re:Editors? (Score:4, Interesting)
Do you find that when you say that face to face, people nod as if they agree with you, then their eyes sort of glaze over, then they start glancing at their watch and ... umm, gotta go - dental appointment!
shit, that's the funniest thing i've read in days. I have a friend who whenever the davinci code is mentioned has to interject an earnest, "its totally all true!!!1!" The nod -> eyeglaze routine is pretty well established now. Some people are just so stupid that they cannot tell the difference between critical evaluation of information and counter-establishment = true.
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Re:Editors? (Score:5, Funny)
Those tabloids are the best investigative reporting on the planet.
But go ahead, read the New York Times if you want. They get lucky sometimes.
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Re:Editors? (Score:5, Funny)
Talking to yourself is a sign of insanity.
We disagree.
So do we.
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Re:Editors? (Score:5, Insightful)
A Russian friend of mine once said that the difference between the east and the west is that in the east we always knew it was propaganda. :-)
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Re:Editors? (Score:4, Insightful)
Parent
Re:Editors? (Score:5, Insightful)
Pff. You guys need to learn how the business works.
Day 1: "Daughter claims rich family had a drunken orgy party!"
Day 2: "Mother claims daughter told an 'embellished' story about the party"
There you go. A story and a retraction. Both of which are perfectly legal and true. The mother can sue all she wants, but what she should be doing is stringing up her daughter by her pinky toe. Instead, we end up with...
Day 3: "Family sues newspapers for reporting embellished story"
Even more sales! (Cha-ching!)
Parent
Rich teenage girl parties are news? (Score:5, Insightful)
The fact that some party thrown by a rich 15 year old girl is national news is kind-of depressing. Am I missing something?
Re: (Score:3, Insightful)
Re:Rich teenage girl parties are news? (Score:5, Insightful)
The fact that newspapers published the account is not "news for nerds." The story is just background for what actually is important news - namely that there could be precedent in the UK for holding news organizations accountable for publishing second hand information without fact checking.
I wonder if the "compromise" will be that from now on newspapers will add "as reported on [insert blog name here]" on every such story meaning that they would pass responsibility for accuracy to the original source.
Parent
Re:Rich teenage girl parties are news? (Score:5, Funny)
News for nerds scandal would be a linux distribution CEO's son inviting Bill Gates to his house for dinner while his parents were on vacation believing he was having wild parties with drugs and sex.
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Re: (Score:3, Funny)
Excuse me (Score:5, Funny)
Your privacy is invading our public.
I hope so (Score:4, Informative)
I hope that they succeed. It would is nice to know that when they actually claim it is news, it is not a piece of fiction more in line with Harlequin romance novels.
Exaggeration! (Score:4, Funny)
would it make a difference (Score:5, Interesting)
If they had written a story about the blog entry?
It seems to me that you couldnt possibly get in trouble for saying "According to her blog on myspace.com little suzy rich girls party got out of hand and someone threw a TV out the window"
I mean, thats certainly a true statement. If that would be acceptable to print without verifying the truth of the actual event then this isnt going to have much of an impact one way or another.
Personally I dont like the idea of a news paper regurgitating a blog as truth. Its one thing to refer to the blog, they way you might refer to another publication (ie "ABC news called florida for bush at 10:30").
Re:would it make a difference (Score:4, Insightful)
A newspaper or TV station should ALWAYS identify it's source. This attitude that seeing it online is somehow equivalent to being an eyewitness is silly and dangerous. I hope they lose this stupid case just so we can get some journalistic integrity back for when it matters.
Parent
typical irresonsible parent (Score:5, Insightful)
The only relevant fact that newspapers needed to check was that it was actually the 15-year old daughter that put it up for the world to see. Other than that, as the legal guardian, if the mother didn't want her daughter to post this information, she should have been a better parent.
There might actually be a case others have against the mother for defamation of character, since she is responsible for the actions of her daughter, and her daughter might have defamed them.
I wish parents would stop blaming other people for their own failings. Until their children come off age, what the kids do and what happens to the kids is the parents' sole responsibility.
I can see the headlines now... (Score:5, Funny)
Freedom of speech doesn't mean freedom to BS (Score:5, Insightful)
Newspapers have always had the responsibility to verify their stories, why should that change simply because the information's off the web?
Re: (Score:3, Insightful)
Should everyone be responsible (Score:4, Interesting)
This includes geek bloggers, soccer moms and professional reporters. You post something with the impression that it is true and don't verify...then you should be help accountable. For example. A post recently posted ON slashdot that the RIAA MADE dell remove stereo output from some of its computers. Now it seems that it may not be so true, or again that is the rumor. If it is in fact found out to be of "no merit" that blogger/slashdot post SHOULD be found responsible for losses against dell & the riaa if they were able to make a case for that. Something to think about, just because you can doesn't mean you aren't responsible.
stupid people and lazy editors (Score:5, Interesting)
For the lady and her daughter - abject stupidity. Once you put something on the internet, it's there for life - if you don't realise this, you are not qualified to use the internet. Just as if yo don't realise cars can kill, if improperly driven, you have no business being behind the wheel.
For the newspapers - whatever happened to validating your sources? Is this something that only happens in the movies, or has the average rag descended to the point where all it does is reprint salacious and unverified fiction from all and any sources. They really do deserve to be sued out of existence in that case.
Ummm (Score:4, Insightful)
"The case is expected to have far-reaching consequences for third parties who use or publish information from social networking sites. Lawyers say it could place a duty on all second-hand users to establish the truth of everything they want to republish from such sites."
Aren't journalists supposed to do this ANYWAY?
Since when was there a requirement for truth... (Score:5, Informative)
Privacy? What privacy? (Score:5, Interesting)
From the article:
Too bad. When you publish stuff on the internet for all of the world to see it really undermines your privacy claims. Now, if this girl only allowed her stories to be seen by those she had designated as friends, then she might have a leg to stand on with respect to privacy.
Also, the defamation claim is curious. I haven't ever seen a case where the the originator of the false statements is the same person suing the newspapers for making false statements.
Definitely didn't RTFA (Score:3, Insightful)
A brief history of Lala Land... (Score:4, Informative)
Friends of the printers (to cut a long story short) often sent lengthy letters to each other, reporting on topical events (it was before the internet) especially wars. These letters were often printed verbatim hence the origin of the word 'correspondent'.
These reports were incredibly popular and garnered readership. Edward Mallet took the highly original step of editing them to fit the space between the ads, and the Daily Courant was born in the 1700's. Often these letters were reports of reports of reports - a bit like the internet!
Gradually this developed into an art form and it wasn't long before reporters were despatched to write the letters themselves. War, conflict, crime and punishment and scandal soon became the daily diet of millions of readers. Then Hollywood was invented and so was the world of entertainment. Gradually readers started to prefer entertainment to 'news' - and who wouldn't? I present exhibit one 'The Sun' http://en.wikipedia.org/wiki/The_Sun/ [wikipedia.org] , which holds the world record for the highest readership of a single edition in the English language. This is closely followed by that masterpiece of twee entertainment published by DC Thomson 'The Sunday.Post' http://en.wikipedia.org/wiki/The_Sunday_Post/ [wikipedia.org] including the immortal humour of 'Oor Wullie' http://en.wikipedia.org/wiki/Oor_Wullie/ [wikipedia.org] Oor_Wullie and 'The Broons' http://en.wikipedia.org/wiki/The_Broons/ [wikipedia.org]
So it shouldn't really surprise anyone that people like to be entertained and since the entertainment industry is the economic dynamo of the developed nations, we shouldn't really be surprised by the sudden revelation that newspapers are in the 'infotainment' business.
None of this is at all new, Evelyn Waugh, in 1938, lampooned the whole industry to hilarious effect in 'Scoop' http://en.wikipedia.org/wiki/Scoop_(novel)/ [wikipedia.org]. The simple tests for 'news' is; "What is the origin of this report?" and: "Who benefits from it?" and the three eternal questions any journalist would ask any famous figure if they caught them in the elevator are: "How bad is it? Will it get any worse? And what are you going to do about". A healthy attitude of scepticism is an essential attri..
We interrupt this broadcast to bring you ** breaking news** direct from Lynwood, California where Paris Hilton has just been released from prison having served four days of a 40 day sentence... http://en.wikipedia.org/wiki/Paris_Hilton/ [wikipedia.org]
Bias Disclaimer: I used to be a member of the NUJ and I used to teach this subject.
The problem with 24hour news (Score:5, Insightful)
This is what you get when you have multiple 24-hour news channels and lots of news web sites itching to have something new. There's only so much real news, and not enough of it to even fill one TV channel with content. So they have to dig for crap. This is what you get.
Isn't this a clear case of copyringt violation ? (Score:4, Interesting)
If the newspapers liftet both story and pictures from the blog, then that's a clear case of "for profit" copyright infringment.
Just because you find a story and pictures on a blog doesn't mean that they are public domain !
Re:What an age we live in. (Score:5, Funny)
Although it's true the papers should have fact-checked... isn't the daughter ultimately the one responsible for the false information? I guess suing one's own, minor, daughter probably doesn't make the same ch-ching sound.
Parent
Re:What an age we live in. (Score:5, Insightful)
Publishing something does not make it a fact. It simply makes it published. If the information is not true, you can still get your pants sued off, as these newspapers are finding out.
That's why you should always check your sources. Learn to protect yourself from libel suits.
Parent
It is sad you have to ask (Score:4, Interesting)
The paper has a duty to check facts that it publishes. How do they know that the 'daughter' publishing this information is really this woman's daughter at all, and not a jealous friend who wasn't invited?
Journalism has undergone a frightening shift in the last thirty years. Don't get me wrong: it has always been about selling eyes to the advertisers. But there used to be professional standards. People could take pride in saying they were a journalist. Journalists like Woodward and Bernstein were heroes protecting the public interest.
Now journalism is just another branch of the entertainment industry. Any sense of professional pride seems to be gone. Truth and accuracy don't matter.
It's not just stories like this, either. Journalists routinely slap their names on unedited press releases and call them stories without fact checking a damn thing. Politicians and businesses know that journalists are too lazy to do their jobs.
Parent
Re:If my child (Score:4, Insightful)
I'm not going to get all "PC" on you, I'm actually going to bust out some child psychology.
In research on parenting behavior, methods of control have commonly been divided into three categories. The first type of control is the use of power by parents. Such techniques, in which parents attempt to force or pressure their children to behave in certain ways, are associated with children who are less socially competent. When parents use power to control their children, the children are likely to see their choices as governed by external forces. They do as they are told but only as long as there is a power to make them. They may become passive or rebellious.
A second type of control is love withdrawal, in which parents show disapproval for behavior that displeases them. It may include ignoring, shaming, or isolating the child. The use of love withdrawal shows mixed results in its effects on children; some studies have found it to be acceptable, whereas other studies have found it resulted in dependent or depressed children. New research on parents' use of psychological control may have identified what parts of love withdrawal are especially toxic. When parents use guilt or manipulation to control their children, the result is anxiety and depression for children. In contrast, when parents use reasonable monitoring and negotiated control of behavior, children are less likely to get in trouble.
The third type of control is induction. Induction includes reasoning with children and helping them understand the effects of their behavior on others. For example, a parent might say, "When you yell at your sister, she feels very afraid and sad. She feels that you don't like her." Induction is the type of control that is most likely to result in socially competent children.
There are also clear benefits for a child's moral development when a parent uses induction because induction teaches children to think about the effect of their behavior on others. Induction both activates and cultivates the child's own logic and compassion. Children raised with induction are more likely to have internalized standards for behavior, better developed moral sensitivities, and less vulnerability to external influence.
http://family.jrank.org/pages/1244/Parenting-Education-Content-Parenting-Education.html -- this isn't exactly a primary source but it rehashes things I learned in a "Human Development" class; I just don't feel like getting super academic on you and researching/citing the primary sources. If you really care about your children enough to give them the best childhood possible, you'll do that on your own anyway -- of course, maybe you won't, after all, you said it yourself, "I just don't care." Great attitude!
You don't know of a better way to parent a child because you were never shown how, but please, for the sake of your children, research parenting methods before having any. Don't do it the way your Father did just because that's all you know -- it is well known that power assertion is one of the least effective means for instilling intrinsic motivation into a child. What you want is for the child to internalize the reasons for their behavior, so that when they move out at 18 years old they continue to truly believe in and follow the lessons you taught them, instead of just throwing them to the wind 'cause they are out from under the harsh glare of mean ol' Dad.
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