April 25, 2006

Online libel — one public policy problem that is LESS bad than it appears

The Register raises concerns about a proliferation of internet-related libel suits. Apparently, these are an outgrowth of heated flame wars. If we let our imaginations go a bit, it isn’t hard to think of all sort of noxious possibilities here, with various kinds of baddies suppressing justified commentary about themselves.

Even so, there’s a simple solution — people just have to learn how to write. Everything you write that’s defamatory or otherwise nasty should clearly indicate your reasoning and/or evidence for the claim. If you claim factual evidence, you can and should be held accountable for libel if the evidence is wrong. If it’s just unsupported (or very lightly supported opinion), and you make the lack of support clear, then it would be very hard to tag you with libel, at least in the US.

Now, I’m obviously a lot better trained in libel-avoidance — and hopefully a much clearer writer anyway! — than most people. But the basic principle applies to everyone:

Be intellectually honest, and you won’t be committing libel.

As for Google, et al., who might be construed as republishers of the libel — give me a break. Give them a break. Maybe web pages will all need routine disclaimer notices renouncing responsibility for their contents, especially the contents of what they link to. But otherwise the big internet players should not, and I’m confident will not, be under serious threat of libel judgments.

Comments

9 Responses to “Online libel — one public policy problem that is LESS bad than it appears”

  1. The Monash Report»Blog Archive » German libel law gets scary on April 30th, 2006 11:46 pm

    [...] A few days ago I argued that the chilling of online discussion via libel was less of a threat than it might appear. However, it appears that in Germany there’s indeed a problem. A court ruling has held that forum operators are liable for anything illegal posted on their forums. While the actual case referred to an anti-spyware script, the ruling also seems to be regarded as applying to instances of commercial defamation. [...]

  2. See Michael Roberts Mile2 Thoughts on April 23rd, 2008 4:30 am

    This essay has some good tips of combating online libel:
    http://michael-roberts-mile2-xellex-mile-2.com/Michael_Roberts_Mile2_Libel.html

  3. The Ex Mrs. Roberts (No.2) on May 13th, 2008 9:07 pm

    Mr. Michael Roberts is not a victim of libel. If you go to http://www.iowacourts.state.ia.us/ESAWebApp/TrialSimpFrame and do a case search for Michael Ross Roberts, you will see that in Cherokee County on 4-14-2008 he file case LACV019173 as the pro se plaintiff and defendant. In it he alledges that he improperly transfered assets (while his divorce was pending in violation of a court order) to other parties, who are now refusing to return those assets once his divorce was finalised. He cheated his wife, now his friends are cheating him. Funny, cause that is exactly what the http://www.michaelrobertsdeadbeatdad.org website claims he did. So, I ask “How can that be libel?”
    P.S. I have reason to believe that Mr. Roberts may be posting as a fredjones and Fred Jonesy on various blogs. The entries are all identical and the occur near the same time. Mr. Roberts claims of a business deal with some angel investor could be a fantasy. We will find out in court when he is required to identify these angels. Clearly he has opened the door and made it an issue. I wonder if this angel is aware that while “doing the deal” Mr. Roberts was claiming to other parties to be incapacitated due to mental illness. Mr. Roberts claims to be unemployed due to mental issues. He claims he can not work due to these issues. It appears that Mr. Roberts was able to work in 4/2008. In fact, it appears he was prepared to take on great responsibilty with this angel. Maybe he should just get a job instead of waiting for some “deal” that fulfills his ego while claiming. This has been going on since 2005. It is not an issue of him falling on hard times. He has the time, tenacity,engery and mental capacity to do what ever he desires, when he desires to do it.

  4. Above is Exhibit "A" for Online Libel Reform on August 20th, 2008 8:39 pm

    Thank you Curt for providing balance.

    I would like to hear from anyone that has suffered at the hands of online libelers. Congress needs to understand the human, emotional cost of this type of harassment. Victims should contact me through my blog (linked above this text).

    Thanks
    Michael

  5. John on May 12th, 2009 5:44 pm

    Look to say Michael Roberts is in anyway ethical is a total untruth. I know several people that had business dealings with him years ago and almost all were left unpaid and holding on to nothing but hot air and empty promises. Michael Roberts moves from one scam Xellex to Mile2 to what ever he no has going at his new home in Finland.

  6. Curt Monash on May 13th, 2009 3:21 pm

    Hi John!

    I have to ask — what kind of an email domain is “bsnow.net”? :)

    Thanks!

    CAM

  7. Michael R on June 24th, 2009 8:01 am

    Hi Cam,

    Thankfully, law-enforcement is beginning to see through the charming façade of my antagonist. On May 12, 2009, she or someone on her behalf posted more scathing allegations of moral and social offences against me on your blog (above) under the pseudonym “John” with a disposable 10-minute email address (as you astutely pointed out). Ironically, that very same day she was arrested for criminal impersonation. This is her first arrest since 1991. The postings ended when she was jailed. After spending a short time in jail she was released on bail.

    Shortly thereafter at a temporary hearing she was arrested again pending extradition to another state for similar crimes. She was finally released from jail again on Thursday, June 18, 2009. The anonymous and libelous attacks began the very next day (June 19th), presumably by the same person but once again under pseudonyms with disposable addresses.

    I am breathing a sigh of releif. To date she managed to have me arrested once for an allegation which was dismissed (2000). Dismissal notwithstanding, the night in jail was a humbling experience. All subsequent allegations have become less and less credible to the point that one senior officer gave me a hug recently when I jokingly hid my face from him when passing by.

  8. Tracey Roberts on October 26th, 2009 10:13 pm

    Michael Roberts never had his charges dismissed in 2000, he pled NO CONTEST. I have transcripts to prove this. Also my legal issues have been grossly misrepresented by Mr. Roberts who fails to acknowledge that he was the source of those problems when he made very false allegations against me. I look forward to my day in court if they aren’t dismissed before then. The prosecuting attorney already admitted that the arrest warrant was issued based upon the testimony of the dectective who presented his claims to the judge. when months of discovery have failed to produce the “evidence” claimed by the prosecutor, the prosecutor admits that they don’t actually have any evidence to support those claims. The detective also attributed statements to several other parties that the parties claim are completely untrue. I had a legal name change in another country. The DMV recorded that I came in with 5 different documents. Yet the Clay county attorney “forgot” to include that proof to us in his discovery production. We obtained it when a dmv employee sat for a deposition and brought it along herself. The only reason I was arrested and taken to another state was because the Clay county attorney scheduled a court date on a day when he knew that I could not attend. I filed a motion to reschedule, which he ignored. He knew where to have me arrested because I had informed him were I would be in my motion to reschedule. In fact, it appears that the arrest warrant may have been issued before I was even late for the appearance. Prior to that court date, I attempted to pay a bond at the same time that I requested that the court date be resceduled and he refused to permit it. He claims that I perjured myself when I signed the DMV document for my name change. He claims that my name change is not legal. If I got married overseas and it is legal, why wouldn’t my name change? He claims that I became a felon when I signed that form. He claims it was perjury. However, we have learned that even if they wanted to dispute the validity of the name change …..two others issues remain, #1> did I actually attempt to decieve …and #2, it can’t be perjury unless it’s a sworn statement presented to a notary or a court. The Iowa DMV employess deny being a notary or being authorized to administer sworn statements. This is a stupid charge that was clearly instigated by Mr. Roberts. Who has been cheating people for years? How many people are owned money by him? Do a search. He doesn’t pay child support. Feel free to search that too. He is not a victim of anyone but himself.

    I could not have posted the posts he attributes to me. He seems to forgot that he has more than a few enemies out there. I am not the only person in the world who feels disappointed and upset with him. When he had a dispute over courseware with an instructor in 2006 a federal lawsuit claims he “planted” recipes for explosives and child pornography on the instructor. When questioned by the FBI about the allegations, I told them that Mike had purchased a book that had such recipes along with directions for coverting a semi-automatic weapon into a fully automatic weapon. This meeting took place in front of my lawyer. It also contained recipes for poisen. I was very concerned after finding a white power in small brown vials hidden in his tool box in 2004. I turned the vials over to the police but they declined to do any tests on them. He also had poisens that he claimed we insecticides such as Fluoride and Niccotine. I think they were “wife-o-cides”.

  9. This is getting boring, but I'd better respond because Curt's site is so popular :) on March 5th, 2010 12:00 am

    BTW: “Tracey Rοberts” is not her real name.

    JAILED

    The extortionist was arrested and charged in two different states in 2009 & 2010 for crimes unrelated to this smear campaign, namely:

    1. Perjury (Iowa criminal jury trial set for March 23rd, 2010)
    2. Welfare Fraud (THIS HAS TO BE VERIFIED Iowa criminal jury trial set for March 23rd, 2010)
    3. Criminal Impersonation (Nebraska criminal jury trial set for April 19th, 2010 for 5 days)
    4. Welfare Fraud 1 (Nebraska criminal jury trial set for April 19th, 2010 for 5 days)
    5. Welfare Fraud 2 (Nebraska criminal jury trial set for April 19th, 2010 for 5 days)

    The individual was released after 11 days in jail on bond and is currently awaiting two trials. The previous arrest was in 1991 for firearms related offenses, there were also 2004 charges for harassment of a woman in Iowa but the state did not succeed at trial in obtaining a conviction.
    2001 Homicide Investigation

    The 2001 Iowa homicide investigation is ongoing with respect to the death of the young man that my antagonist shot six times in the body, and three times in the back of the head a few minutes later . Charges have not been filed as yet; murder does not have a statute of limitations in Iowa, and the penalty for a guilty verdict is a literal life sentence.

    2004 Attempted Murder

    The Iowa Department of Justice Crime Victim’s Fund paid my medical expenses for the injuries sustained as a result of my antagonist’s attempt to murder me. However, criminal charges were not filed.

    NOTICE TO RECIPIENTS OF THREATS OR HARASSMENT ALLEGEDLY FROM MYSELF OR MY WIFE.

    The antagonist has a pattern of sending threats and harassing messages in a way that they appear to have come from Michael Rοberts by “spoofing” email addresses. The messages can be so egregious that recipients do not know what to do. It is feared that this person may also forge messages from his wife Dr. Heidi Fοrsbacka, or other family members. Likewise, if you are an official and have received anonymous allegations of wrong doing by Rοberts family members, please contact the appropriate officers below.

    IF YOU HAVE RECEIVED A THREAT please do not delete the email message. Contact your local law enforcement office and refer them to one of the following detectives who manage the antagonist’s criminal case files for the respective countries of USA and Finland:

    USA Finland

    Detective John Pankonin
    Douglas County Sheriff’s Office
    3601 N 156th Street
    Omaha, NE 68116

    john.pankonin (at) douglascounty-ne (dot) gov

    +1 (402) 444-7996

    Detective Jukka Saros
    Espoo Poliisi
    Espoo
    FINLAND

    jukka (dot) kaski (at) polissi (dot) fi

    +358 (0) 9 5254 650

    CHARACTER REFERENCES

    Should any interested parties conducting due diligence on Michael Rοberts’ character wish to check character references in respect of Michael Rοberts or his detractor, kindly contact Mr. Rοberts through his web site’s contact page. Character references are available from law enforcement, clergy and child welfare workers, to name a few. Criminal history record checks are also available for Michael and his antagonist.

    LEARN FROM MICHAEL Rοberts’ EXPERIENCES WITH INTERNET LIBEL

    Michael Rοberts, for all accounts, had a growing business called Mile2. Expert witnesses, staff and even his antagonist who was finally jailed in May 2009 testified to its potential. The presiding judge described in his findings that “Mile2 is a thriving business” or words to that effect and declared its value to be six-figures. 30 days subsequent to this finding the same judge issued a follow up order that Mile2 was insolvent and was to be liquidated. The follow up order was 30 days after the first valuation; this prohibited an appeal.

    The Libel and smear campaigns continued. Michael was effectively unemployable due to very sloppily written assertions made by a criminal with arrests in 3 states, and criminal trials currently pending in two states. This does not include the active cold-case murder investigation, which has recently heated up.

    Victims of Internet Libel and Online defamation should visit Michael’s 2008 startup Internet Libel Help Service http://www.rexxfield.com

  10. tracey roberts on July 7th, 2010 10:43 pm

    I’m not even sure how to respond to all Michael’s nonsense above. His claims are not truthful. In addition, I’ve never sent a message or threat to anyone pretending to be someone else, let alone him or his family. If anyone got a threat, I’d love to see it. I’ve requested them from him during a discovery process and no such messages or threats have been provided. Most recently, he accused me of insurance fraud and gives a detailed account of how he saw me wearing a certain ring on a certain flight. Funny! Because he was never on that flight. I flew alone with the kids because he left weeks earlier for work and remodeling (destroying evidence) after the attack on his family. In addition, he knew the airlines lost the luggage and signed the claim forms. He also bought a replacement ring for me in 2004 that he took but was court ordered to return. If he “KNEW” the ring was never lost, why buy a new one for his wife. He testified that ring was for me and not his secret fiancee of the time. He also claims that I stole his birth certificate, id and social security card when in fact it was in a binder with all our cards, birth certificates etc… He feels the need to turn everything into a lie.

    By the way, court records show that his own manager testified in court that the business was insolvant after we learned that he transferred the I.P to others in violation of an injunction which he has admitted to doing under other.

    In 2004, he got a mortgage in his OWN name and claimed to be single while trying to buy a property in Florida. Even though they were going to give him the Well Fargo Loan based on his application, he claims that I committed fraud on that application. When in fact the application that he filled out with me, was never used to get a loan. He had me fill out part of an application for the purpose of making it look like we were buying a home together when in fact, he was going to by one on his own.

    He may cry LIBEL, but it isn’t libel if it ii the truth. He was found in contempt of court 3 times for non payment of child support. He still is in arrears over $20k while he works for/owns Sons ltd, Rexxfield, peppervox and the Kasey Group in Finland. He wrote $5 support checks that all bounced. It cost more that $5 in bounced check fees per check. He is no victim and if he would stop posting lies, I’d just ignore him. However his “poor me” whining drives me mad. BTW his aggressive negative campaign against me makes him the antagonist not the victim.

    Also, no one attempted to murder him. If anyone committed insurance fraud to collect payments, it was him. After I learned of his 20 yr old unmarried mother of three on welfare fiancee, we split. Months after that he goes and files a false report. SInce that report his story has changed at least a dozen times. I have made a spreadsheet of all the changes in his STORY taken from reports and sworn testimony. In fact it would be comical if it wasn’t such a serious allegation. Now he appears to have become a joint venture partner of an ed magedson of Xcentric Ventures and the http://www.ripoffreport.com

    He also accused me of forging a document and claiming that I produced that document in court and testified how I received it. I’d love to see that testimony which he never produced in discovery. He brought the document in question to court claiming it was a forgery. It was never brought in my me. He created it just to try and confuse other issues in court. If I had gone thru the trouble of creating it, wouldn’t it need a purpose. I never used or submitted that document as evidence at anytime. All MR’s evidence is Baloney!

    If he wants me to stop responding to his nonsense, then he needs to stop posting lies about me. He started this thread in April 2008 by posting links to a site that spewed vile lies about me. If he tries to tell you that I had $4 million in life insurance on him without his permission, ask him for copies of the policies. You see….they don’t exist. We each had $2million on each other. He filled out this own application and physical forms in addition to writing the premuim checks.

    If he tries to tell you that I married him for his money, try not to laugh your bottom off. I had a well paid job, owned my own home valued at over $200k in 1996. I paid off around 60 percent on that home by then. I owned my own car and had a retirement account. In addition, I was debt free. He however has no job, no assets. In fact all he had were debts from previous failed businesses in Australia. Shortly after moving in, he stole my Star Wars Figure Collection and sold it. This isn’t petty. I had that collection since I was a little kid and it was complete and pristine. I am a sci-fi geek who was saving it for her kids to enjoy as much as I did. When he saw it, he complained that it was too valuable for my son. He took it and claimed to put it up on the top shelf of a closet. When we moved and they were no where to be found, he eventually admitted to selling them and sending the money to his buddy steve for car repairs. Then one day my mom comes over with this lovely pasta bowl set that matched mine. She always wanted my set and admired it whenever she visited. So she comes in and is smiling. Obviously I comment where did she find that discontinued set. She laughs and says it was at a garage sale. Then proceeds to tell me that my new husband had a garage sale and was selling my stuff. (in Chicago, garages are located behind the yard in an alley, so I had no idea when I got home and parked on the street and entered the front porch door) He decided to just get rid of my things because he secretly bought a thousand dollar dog in australia which cost another $1500 to ship. Once that dog arrived, he never walked it or picked up it’s poop. Our neighbors hated us. They were happy to see us move. He eventually bred her and then disposed of her after she began having mild seizures by age four.

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