Nowadays it’s tough to keep things a secret–we’ve become a culture of bloggers, tweeters and face bookers and there’s a lot of information flying around in cyberspace. Everybody loves a good and juicy tidbit– it seems that it’s a daily ritual to see what’s being said on online gossip sites. But when does gossip cross the line— with on-line gossip sites popping up all over the place how do we keep an eye on what’s true or not (hearsay) or possibly defamatory—oh, oh….I mean just because its gossip can you really say anything????
Hearsay by definition is not admissible as evidence due to its inherent “gossip type status”. For those of you that are new to legal jargon—it’s any statement other than that by a witness while testifying at a hearing. In other words, something one has heard but does not know to be true.
Now let’s take a look at the ubiquitous Lindsay Lohan and her current situation with her “dad of the year” -Micheal Lohan. Lindsay is contemplating suing her father for defamation, according to Eonline.com who spoke to her lawyer Shawn Chapman Holley, who told the website: “Lindsay’s concerned about recent actions of his,” says Chapman. “She is concerned about defamatory statements about her own personal safety and has instructed me to explore all legal options available to her to get him to stop and to leave her alone.”
According to Anything Hollywood, Lindsay Lohan may really be seeking legal action against Michael Lohan because he released some audio tapes of a sobbing Lindsay crying into the phone, complaining about her life and alluding to having a drug problem. But wait–Lindsay replied immediately by tweeting:
My father’s such a loser & those recordings are from years ago,” she tweets. “To release personal things is foul enough, but to edit them. I used to think that he needed the book for dummies on learning how to be a father. Haha-he’s needs the book for dummies on HOW TO BE A MAN.
Which of them has a case for defamation…..???
Well, it’s not that simple, particularly where celebrity gossip is concerned. By law, defamation is communication that causes someone to be shamed, ridiculed, held in contempt, lowered in the estimation of the community, or to lose employment status or earnings or otherwise suffer a damaged reputation.
However, celebrities (if you can call Michael Lohan one—which might be a key factor in a case for defamation) or people in the public eye will have a more difficult time bringing successful suits for defamation. The reason for this is because they enjoy the lowest form of legal protection against defamation and usually have to show that a defamatory statement was made with reckless disregard for the truth. Also, insults and labels are not normally considered defamatory because they are generally seen as outbursts of emotion, with no real substance except to show extreme dislike.
OK—let’s get real now; most gossip can make someone feel shamed and ridiculed, hence Linday’s potential lawsuit against her father—but if you lose your job over it than you may have a legal leg to stand on.
Share