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Can You Commit Slander In Court?

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http://www.independent.co.uk/news/people/simon-cowell-is-gay-tulisa-contostavloss-pa-claims-in-court-9613967.html

How does this claim work in court, I'm sure that the press would never publish this claim if it hadn't been made in court because Cowell would most likely sue. In court cases is there something along the lines of parliamentary privilege?

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http://www.independent.co.uk/news/people/simon-cowell-is-gay-tulisa-contostavloss-pa-claims-in-court-9613967.html

How does this claim work in court, I'm sure that the press would never publish this claim if it hadn't been made in court because Cowell would most likely sue. In court cases is there something along the lines of parliamentary privilege?

Yes - if what you say is untrue however, you can be prosecuted for perjury.

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What, in our enlightened age, is defamatory about saying someone is gay?

Exactly.

Much better these days if you slag them off for being French.

Or maybe Welsh...

;)

XYY

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So there isn't the defence that what you said you believed to be true it has to be true?

As Goat says, there is absolute privilege to what is said in court - so you can't be sued for defamation nor can someone (newspaper, tv) be sued for reporting on it. If you are, you just plead absolute privilege and the case is chucked out.

If what you say is untrue and you know it to be untrue, then that is perjury and you are open to prosecution by the state and not by the individual you told the untruth about.

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Exactly.

Much better these days if you slag them off for being French.

Or maybe Welsh...

;)

XYY

And here was me paying you the compliment of sticking your name on a thread. B)

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Slander is a form of defamation.

What, in our enlightened age, is defamatory about saying someone is gay?

Because if either they are not gay, or they are but wish to keep that fact private, saying that someone is gay could cause them significant damage and/or distress.

If what you say is untrue and you know it to be untrue, then that is perjury and you are open to prosecution by the state and not by the individual you told the untruth about.

Which leaves the subject of what you have said in a difficult position if the state chooses not to prosecute. It is quite possible that a scenario would exist whereby the perjury prosecution of a witness is definitely in the interest of an individual who has been slandered in court testimony, but not necessarily in the broader public interest (too expensive, or the CPS fears that a prosecution would deter people from coming forward as witnesses in the future, etc.), which is the principal criterion the Crown Prosecution Service uses to determine whether or not to prosecute. Presumably, in that situation, the only remedy available to the slander victim would be a private prosecution.

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