A Bronco in hotwater...

Browny said:
Don't forget that battered women will deny anything or recant their allegations as they fear what the partner will do. That's why the legislation is written to give the Police the power to take them before court
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And can you imagine if, in this situation, the perpetrator was then allowed to sue the victim for damage of character? People, not just women, need to be able to report genuine incidents to authorities without fear of reprisal, especially if they are in danger. It's a tough balance.
 
broncos4life said:
You can clearly make that (incredibly old and pathetic) joke.

Honestly, it’s pretty obviously why you are being asked not to speculate. A forum can get sued for defamation. If you want to go and mouth off and skirt that line then go do it on your Facebook, Twitter or whatever else. You have been asked not to do it so just get on with it rather than sulking like a petulant child.
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Really u can’t just say what u want in public about someone based on no facts in a manner that might be detrimental without the risk of potential civil law tort law. Those sort of attitudes in lectures rarely convince anyone but the writer of their own righteousness.

Apparently sarcasm as a mechanism to critique the nature of censorship and poke fun an old joke is not well understood, perhaps should focus more on the disrespectful themes expressed in some posts to their peers who play the man and not the ball.
 
Tom said:
I don't think there is a charge for defamation of character. It would be up to TPJ to sue her, which would probably be very, very hard. Just because somebody is found not guilty it does not mean they didn't do it, it means there was insufficient evidence to prove it happened. I think there are a few legal eagles on BHQ, they would be able to explain it better than myself but I believe that's how it goes.
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Criminal defamation is an offence under the Qld Criminal Code.

However making an application through a lawful legal process will never comprise defamation.
 
roo-ted said:
I agree if TPJ I found not guilty, she should be charged for defermation of character
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She hasn’t defamed him. She has made an application through a lawful court process. The media has then reported on this allegation, once they were lawfully able to do so.

Neither amounts to defamation.
 
Jason Simmons said:
She hasn’t defamed him. She has made an application through a lawful court process. The media has then reported on this allegation, once they were lawfully able to do so.

Neither amounts to defamation.
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Defamation of character is a term that is used to describe when false statement is written or spoken about an individual with the intent of harming or slandering their reputation
 
Just because the player is a Bronco doesn't make it true, or not true for that matter. We, as a society need to leave these things be and let justice take its course. We shouldn't be making statements of fact on things we have very little knowledge over. I agree with those that say he's entitled to the presumption of innocence, but she is also entitled to be given the benefit of belief until the facts bear otherwise, with actions taken that preserve both his reputation and her safety. Its tough and messy, these situations, and you never see a clear outcome.
 
Jason Simmons said:
She hasn’t defamed him. She has made an application through a lawful court process. The media has then reported on this allegation, once they were lawfully able to do so.

Neither amounts to defamation.
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We don't even know if she made the application or the police did.
 
ivanhungryjak said:
We don't even know if she made the application or the police did.
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We would have because the police spokesman in the courier mail article would have confirmed they attended an incident, but instead commented that the police are investigating a complaint they received of assault.

So we don’t ‘know’ but it is a better than even bet a private application for a DVO was lodged by the aggrieved.

That would be about the only thing I can think of, to explain why the police apparently got the information second hand...
 
broncospwn said:
Absolutely. Rightly, or wrongly too, the legal fees would send any forum broke.
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How can they sue the forum when it's the individual saying it? And why hasn't LU been shut down a hundred times over? Not being argumentative just genuinely curious.
 
Tom said:
How can they sue the forum when it's the individual saying it? And why hasn't LU been shut down a hundred times over? Not being argumentative just genuinely curious.
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It's not about whether they have a right to or not, it's about the risk of them doing it, and we certainly couldn't afford to defend even a bogus claim. If I'm not mistaken, back when Coxy was running BHQ he was threatened with legal action at one point too, so it's not "out of the question".

It's a matter of better safe than sorry. Anyway, if it's something you guys are concerned about start a thread in staff chat, no point getting into a legal/forum discussion and side track the thread.

Only addressing it because it constantly comes up. It's not a censorship thing, it's a keep BHQ alive thing.
 
So what happens now? Just a waiting game to see if anything comes of this? Or does it all just get swept under the rug and we never hear of it again? Hasn’t been an overly big deal made about it since the story originally broke. Generally something like this that is broncos related gets flogged to death on all media sources.
 
soup said:
Seen this happen a couple of times years ago when reporting neighbors belting their missus. She was literally bouncing off walls and screaming blue murder and when the cops showed up, she abused them saying, “ can’t people even have an argument these days?” She was a Bronco cheerleader too!
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Which cheerleader are you suggesting it was?
 
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