Question:

Is it illegal to make fun of people?

by  |  earlier

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Ok, I make fun of these two girls that are sisters. They are ugly and nobody likes them. They are also very bitchy. I make songs about them and put them on that Myspace I made about them. I also put their family story and say they have a saggy butt and saggy b***s and that they are married and c**p like that. I have on that Myspace its all false. Could I still get sued or something like that even if I mention that its fake?

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  1. I wouldn't call what you did "making fun of someone".  Whether it is illegal or not bullying and cyberbullying is cheap and heartless and you should be ashamed of yourself.  How would you feel if you were treated in such a shabby manner?  Many schools suspend bullies (as they should) so you can expect a call to go down to the principals office.  Shame on you!!


  2. Technically, what you're doing falls under the category of Libel, which is something that you CAN be sued for, though it is not often that people in high school bring suits against others in high school.

    I would write more...but it seems that someone already has done a thorough job, so I'll just give you some advice: grow up a little, keep your myspace relevant to you, don't use it as a venue to make fun of others.

  3. Slander and libel are crimes.

    Don't listen to the so called "attorney" above.

    Article 353 of the Revised Penal Code (Act No. 3815, as amended) defines LIBEL as a “public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead”.

    MALICE and PUBLICITY are indispensable elements of the offense.

    In all criminal proceedings, the respondents are entitled to the CONSTITUTIONAL PRESUMPTION OF INNOCENCE. (Sec. 14 [2], Article III, Bill of Rights, 1987 Constitution).

  4. Slander is a crime.

    Look it up.

    EDIT:

    Slander and libe lS a crime. What the h**l kind of school did you go to??

    Defamation is defined as “communication of a statement that makes a false claim, expressly stated or implied to be factual, that may harm the reputation of an individual, business, product, group, government or nation.” There are then two sub-categories of defamation — slander and libel. Slander is spoken defamation and libel is written defamation. In your case, the statements you made were written and will likely negatively reflect on their reputation, so they would most likely be considered libel.

    When trying to build a case to show that you are a victim of slander or libel, you first must prove that what was said or written is actually not true (in this case, you ADMIT it's NOT true). Truth is always a defense to slander. So, if the statement made actually was true you won’t have a case. In fact, establishing that a statement is accurate is a complete defense to a slander suit. It is also a complete defense if the statement made was asserted as an “opinion” (i.e. saying “I think” versus saying “He is”). However, in your case assuming that the comments are not true and were not expressed as opinions, you may be able to bring an action for slander or libel. The standard used in slander cases that the comments must reach are that they must be so reprehensible and false that they affect your reputation in your community. The defamation also must have long-lasting and definite consequences.

    Once you have established that you may have a plausible case you can determine what type of damages to sue for. Generally, litigants in this type of lawsuit may seek either actual damages to recover from the economic harm that they may have suffered, punitive damages to punish the person who made the alleged statement, or both.

    Note that the definition of slander differs between not only different states, but also under federal law. If you have been harmed by the defamatory remarks or statements, seek the advice of an attorney in your area. You can find a listing of specialists in your area at AttorneyPages.com.

    EDIT 2:

    Laws regulating slander and libel in the United States began to develop even before the American Revolution. In one of the most famous cases, New York publisher John Peter Zenger was imprisoned for 8 months in 1734 for printing attacks on the governor of the colony. Zenger won his case and was acquitted by jury in 1735 under the counsel of Andrew Hamilton. The case established some precedent that the truth should be an absolute defense against libel charges.

    In 1964, however, the court issued an opinion in New York Times Co. v. Sullivan, dramatically changing the nature of libel law in the United States. In that case, the court determined that public officials could win a suit for libel only if they could demonstrate "actual malice" on the part of reporters or publishers. In that case, "actual malice" was defined as "knowledge that the information was false" or that it was published "with reckless disregard of whether it was false or not." This decision was later extended to cover "public figures", although the standard is still considerably lower in the case of private individuals.

    In 1974, in Gertz v. Robert Welch, Inc., (418 U.S. 323), the Supreme Court suggested that a plaintiff could not win a defamation suit when the statements in question were expressions of opinion rather than fact. In the words of the court, "under the First Amendment, there is no such thing as a false idea". However, the Court subsequently rejected the notion of a First Amendment opinion privilege, in Lorain Journal Co. v. Milkovich. In Gertz, the Supreme Court also established a mens rea or culpability requirement for defamation; states cannot impose strict liability because that would run afoul of the First Amendment. This holding differs significantly from most other common law jurisdictions, which still have strict liability for defamation.

  5. If their brother stole your MP3 player, call the police.

    Whatever he did doesn't justify you committing a crime against his sisters.

  6. Slander and Libel are not crimes... but you could be sued for your conduct.  Knock it off and remove that nonsense from your MySpace.

    Edit:  IT'S A TORT NOT A CRIME...Harrasment, stalking, terroist threats, etc., are crimes.... slander and libel are torts! Instead of giving us a basic TORT explanation how about offering a penal code section?

  7. Who ever heard of an "attorney" that can't spell HARASSMENT and TERRORIST?

    Attorney my as*!!!

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