Re:Meta exposé author faces bankruptcy after ban on criticis...
by tpmoney on Sunday September 21, 2025 @11:26AM
(#45323593)
I think that true statements could be considered disparaging. Consider something like:
"Zelphirkalt claims they do not abuse their child. Despite this their kid has been seen at the ER for broken bones multiple times in the last 10 years, and spent a few months in therapy."
Even if I know that your kid's ER visits were for:
1) a broken leg from a fall out of a tree
2) a broken finger from their martial arts lessons
3) a broken nose from defending themselves in a fight
and that the therapy was mandated by the school system as a result of the fight and a "zero tolerance" policy, the text of the statements in question are still absolute truth. I've just phrased it in such a way (and declined to report on other truths) that a reader is encouraged to draw the conclusion that you abuse your kid physically and emotionally. I think if I published something like that in a book, you'd certainly consider it disparaging, and I think a court might agree if you were enforcing a non-disparagement contract I had signed with you.
That said (at least in the US) I doubt a court would find it to be "libel" or "slander", since those are MUCH higher bars to clear by default and assuming you were a famous individual (or company like facebook) the bar is even higher. Something like this would likely hinge on my own reputation and how likely a reader is to assume I'm speaking from "hidden knowledge" as opposed to coming to a given conclusion from public knowledge.
"Zelphirkalt claims they do not abuse their child. Despite this their kid has been seen at the ER for broken bones multiple times in the last 10 years, and spent a few months in therapy."
Even if I know that your kid's ER visits were for:
1) a broken leg from a fall out of a tree
2) a broken finger from their martial arts lessons
3) a broken nose from defending themselves in a fight
and that the therapy was mandated by the school system as a result of the fight and a "zero tolerance" policy, the text of the statements in question are still absolute truth. I've just phrased it in such a way (and declined to report on other truths) that a reader is encouraged to draw the conclusion that you abuse your kid physically and emotionally. I think if I published something like that in a book, you'd certainly consider it disparaging, and I think a court might agree if you were enforcing a non-disparagement contract I had signed with you.
That said (at least in the US) I doubt a court would find it to be "libel" or "slander", since those are MUCH higher bars to clear by default and assuming you were a famous individual (or company like facebook) the bar is even higher. Something like this would likely hinge on my own reputation and how likely a reader is to assume I'm speaking from "hidden knowledge" as opposed to coming to a given conclusion from public knowledge.