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143-467: The commission was disbanded in March 2006, without any concrete evidence given to support the original allegations of KGB ties to Italian politicians. In five years, the commission had heard 47 witnesses, for a total cost of 1.9 million euros. Scaramella was arrested in late December 2006 and charged with libel and illegal weapons' trade , with wiretaps of phone calls between Scaramella and Guzzanti published by

286-443: A per se action: If the plaintiff proves that such a statement was made and was false, to recover damages the plaintiff need only prove that someone had made the statement to any third party. No proof of special damages is required. However, to recover full compensation a plaintiff should be prepared to prove actual damages. As with any defamation case, truth remains an absolute defence to defamation per se . This means that even if

429-419: A case the truth of the statements was no justification for the public and insulting manner in which they had been made, but, even in public matters, the accused had the opportunity to justify his actions by openly stating what he considered necessary for public safety to be denounced by the libel and proving his assertions to be true. The second head included defamatory statements made in private, and in this case

572-466: A child with a Christian man, and that this act was common. Following Osborne's anti-Semitic publication, several Jews were attacked. Initially, the judge seemed to believe the court could do nothing since no individual was singled out by Osborne's writings. However, the court concluded that "since the publication implied the act was one Jews frequently did, the whole community of Jews was defamed." Though various reports of this case give differing accounts of

715-404: A choice between endorsing authoritarian governments, which might evolve into democracies, or Marxist–Leninist regimes, which she argued had never been ended once they achieved totalitarian control. In such tragic circumstances, she argued that allying with authoritarian governments might be prudent. Kirkpatrick argued that by demanding rapid liberalization in traditionally autocratic countries,

858-761: A commoner in England was known as libel or slander, the defamation of a member of the English aristocracy was called scandalum magnatum, literally "the scandal of magnates". Following the Second World War and with the rise of contemporary international human rights law , the right to a legal remedy for defamation was included in Article 17 of the United Nations International Covenant on Civil and Political Rights (ICCPR), which states that: This implies

1001-406: A criminal offence and provide for penalties as such. Article 19 , a British free expression advocacy group, has published global maps charting the existence of criminal defamation law across the globe, as well as showing countries that have special protections for political leaders or functionaries of the state. There can be regional statutes that may differ from the national norm. For example, in

1144-408: A defamation action typically requires that a plaintiff claiming defamation prove that the defendant: Additionally, American courts apply special rules in the case of statements made in the press concerning public figures, which can be used as a defence. While plaintiff alleging defamation in an American court must usually prove that the statement caused harm, and was made without adequate research into

1287-553: A doubt, the first name on the list was that of Prodi, especially during the period preceding the spring elections. ... Prodi was a real obsession, in spite of the fact that nothing ever came out on your Prime Minister." In a rebuke to the original Mitrokhin Commission's authenticity, Vasili Mitrokhin himself refused to meet the commission's members before his death. On 1 December 2006, several Italian newspapers published interceptions of telephone calls between Guzzanti and Scaramella, who

1430-459: A famous trademark has been diluted through tarnishment, see generally trademark dilution , " intentional interference with contract ", and "negligent misrepresentation". In America, for example, the unique tort of false light protects plaintiffs against statements which are not technically false but are misleading. Libel and slander both require publication. Although laws vary by state; in America,

1573-720: A former Trotskyist theorist who developed strong feelings of antipathy towards the New Left , had numerous devotees in the SDUSA with strong links to George Meany 's AFL-CIO. Following Shachtman and Meany, this faction led the SP to oppose immediate withdrawal from the Vietnam War and oppose George McGovern in the Democratic primary race and, to some extent, the general election. They also chose to cease their own party-building and concentrated on working within

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1716-546: A great deal and that Strauss's influence caused his students to reject historicism and positivism as morally relativist positions. They instead promoted a so-called Aristotelian perspective on America that produced a qualified defense of its liberal constitutionalism. Strauss's emphasis on moral clarity led the Straussians to develop an approach to international relations that Catherine and Michael Zuckert (2008) call Straussian Wilsonianism (or Straussian idealism ),

1859-458: A humiliating or degrading manner), et cetera. "Fama" is a generic term referring to reputation and actio iniuriarum pertaining to it encompasses defamation more broadly Beyond simply covering actions that fall within the broader concept of defamation, "actio iniuriarum" relating to infringements of a person's corpus provides civil remedies for assaults, acts of a sexual or indecent nature, and 'wrongful arrest and detention'. In Scots law , which

2002-537: A journal of liberalism, became a major publication for neoconservatives during the 1970s. Commentary published an article by Jeane Kirkpatrick, an early and prototypical neoconservative. As the policies of the New Left made the Democrats increasingly leftist, these neoconservative intellectuals became disillusioned with President Lyndon B. Johnson 's Great Society domestic programs. The influential 1970 bestseller The Real Majority by Ben Wattenberg expressed that

2145-543: A legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions that are falsifiable , and can extend to concepts that are more abstract than reputation – like dignity and honour . In the English-speaking world, the law of defamation traditionally distinguishes between libel (written, printed, posted online, published in mass media) and slander (oral speech). It

2288-434: A libel case in an American court, the statement must have been published knowing it to be false or with reckless disregard to its truth (i.e. actual malice ). The Associated Press estimates that 95% of libel cases involving news stories do not arise from high-profile news stories, but "run of the mill" local stories like news coverage of local criminal investigations or trials, or business profiles. An early example of libel

2431-706: A new, more aggressive Middle East policy on the part of the United States in defense of the interests of Israel, including the removal of Saddam Hussein from power in Iraq and the containment of Syria through a series of proxy wars , the outright rejection of any solution to the Israeli-Palestinian conflict that would include a Palestinian state , and an alliance between Israel, Turkey and Jordan against Iraq, Syria and Iran . Former United States Assistant Secretary of Defense and leading neoconservative Richard Perle

2574-461: A person that is included in a personal database and that one knows to be false, is punished with six months to three years in prison. When there is harm to somebody, penalties are aggravated by an extra half (Article 117 bis, §§ 2nd and 3rd). Defamation law in Australia developed primarily out of the English law of defamation and its cases, though now there are differences introduced by statute and by

2717-558: A provably false factual connotation. Subsequent state and federal cases have addressed defamation law and the Internet. American defamation law is much less plaintiff-friendly than its counterparts in European and the Commonwealth countries . A comprehensive discussion of what is and is not libel or slander under American law is difficult, as the definition differs between different states and

2860-621: A right to legal protection against defamation; however, this right co-exists with the right to freedom of opinion and expression under Article 19 of the ICCPR as well as Article 19 of the Universal Declaration of Human Rights . Article 19 of the ICCPR expressly provides that the right to freedom of opinion and expression may be limited so far as it is necessary "for respect of the rights or reputations of others". Consequently, international human rights law provides that while individuals should have

3003-430: A statement, even if truthful, intended to harm the claimant out of malice; some have a separate tort or delict of " invasion of privacy " in which the making of a true statement may give rise to liability: but neither of these comes under the general heading of "defamation". The tort of harassment created by Singapore's Protection from Harassment Act 2014 is an example of a tort of this type being created by statute. There

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3146-499: Is 'little historical basis in Scots law for the kind of structural difficulties that have restricted English law' in the development of mechanisms to protect so-called 'rights of personality'. The actio iniuriarum heritage of Scots law gives the courts scope to recognise, and afford reparation in, cases in which no patrimonial (or 'quasi-patrimonial') 'loss' has occurred, but a recognised dignitary interest has nonetheless been invaded through

3289-465: Is 40,000 ALL to three million ALL (c. $ 25 100 ). In addition, defamation of authorities, public officials or foreign representatives (Articles 227, 239 to 241) are separate crimes with maximum penalties varying from one to three years of imprisonment. In Argentina , the crimes of calumny and injury are foreseen in the chapter "Crimes Against Honor" (Articles 109 to 117-bis) of the Penal Code. Calumny

3432-717: Is a political movement which began in the United States during the 1960s among liberal hawks who became disenchanted with the increasingly pacifist Democratic Party along with the growing New Left and counterculture of the 1960s . Neoconservatives typically advocate the unilateral promotion of democracy and interventionism in international relations together with a militaristic and realist philosophy of " peace through strength ". They are known for espousing opposition to communism and radical politics . Many adherents of neoconservatism became politically influential during Republican presidential administrations from

3575-417: Is also, in almost all jurisdictions, a tort or delict of " misrepresentation ", involving the making of a statement that is untrue even though not defamatory. Thus a surveyor who states a house is free from risk of flooding has not defamed anyone, but may still be liable to someone who purchases the house relying on this statement. Other increasingly common claims similar to defamation in U.S. law are claims that

3718-553: Is clear and accessible to everyone", 2) "proven to be necessary and legitimate to protect the rights or reputations of others", and 3) "proportionate and the least restrictive to achieve the purported aim". This test is analogous to the Oakes Test applied domestically by the Supreme Court of Canada in assessing whether limitations on constitutional rights are "demonstrably justifiable in a free and democratic society" under Section 1 of

3861-431: Is closely related to Roman Dutch law, the remedy for defamation is similarly the actio iniuriarium and the most common defence is "veritas" (i.e. proving the truth of otherwise defamatory statement). Defamation falls within the realm of non-patrimonial (i.e. dignitary) interests. The Scots law pertaining to the protection of non-patrimonial interests is said to be 'a thing of shreds and patches'. This notwithstanding, there

4004-544: Is defined as "the false imputation to a determined person of a concrete crime that leads to a lawsuit" (Article 109). However, expressions referring to subjects of public interest or that are not assertive do not constitute calumny. Penalty is a fine from 3,000 to 30,000 pesos . He who intentionally dishonor or discredit a determined person is punished with a penalty from 1,500 to 20,000 pesos (Article 110). He who publishes or reproduces, by any means, calumnies and injuries made by others, will be punished as responsible himself for

4147-558: Is further affected by federal law. Some states codify what constitutes slander and libel together, merging the concepts into a single defamation law. New Zealand received English law with the signing of the Treaty of Waitangi in February 1840. The current Act is the Defamation Act 1992 which came into force on 1 February 1993 and repealed the Defamation Act 1954 . New Zealand law allows for

4290-592: Is likely that Indian courts would treat this principle as persuasive precedent. Recently, incidents of defamation in relation to public figures have attracted public attention. The origins of U.S. defamation law pre-date the American Revolution . Though the First Amendment of the American Constitution was designed to protect freedom of the press, it was primarily envisioned to prevent censorship by

4433-755: Is more controversial as it involves the state expressly seeking to restrict freedom of expression . Human rights organisations, and other organisations such as the Council of Europe and Organization for Security and Co-operation in Europe , have campaigned against strict defamation laws that criminalise defamation. The freedom of expression advocacy group Article 19 opposes criminal defamation, arguing that civil defamation laws providing defences for statements on matters of public interest are better compliant with international human rights law. The European Court of Human Rights has placed restrictions on criminal libel laws because of

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4576-545: Is no need to prove that specific damage or loss has occurred. However, Section 6 of the Act allows for a defamation action brought by a corporate body to proceed only when the body corporate alleges and proves that the publication of the defamation has caused or is likely to cause pecuniary loss to that body corporate. As is the case for most Commonwealth jurisdictions, Canada follows English law on defamation issues (except in Quebec where

4719-401: Is not defamation. While defamation torts are broadly similar across common law jurisdictions; differences have arisen as a result of diverging case law, statutes and other legislative action, and constitutional concerns specific to individual jurisdictions. Some jurisdictions have a separate tort or delict of injury , intentional infliction of emotional distress , involving the making of

4862-409: Is often purchased by publishers and journalists to cover potential damage awards from libel lawsuits. Roughly 3/4 of all money spent on claims by liability insurers goes to lawyers and only 1/4 goes to settlements or judgments, according to one estimate from Michelle Worrall Tilton of Media Risk Consultants. Some advise buying worldwide coverage that offers defense against cases regardless of where in

5005-455: Is that of truth. Proving the truth of an allegedly defamatory statement is always a valid defence. Where a statement is partially true, certain jurisdictions in the Commonwealth have provided by statute that the defence "shall not fail by reason only that the truth of every charge is not proved if the words not proved to be true do not materially injure the claimant's reputation having regard to

5148-499: Is the case of John Peter Zenger in 1735. Zenger was hired to publish the New York Weekly Journal . When he printed another man's article criticising William Cosby , the royal governor of Colonial New York , Zenger was accused of seditious libel . The verdict was returned as not guilty on the charge of seditious libel, because it was proven that all the statements Zenger had published about Cosby had been true, so there

5291-681: Is treated as a civil wrong ( tort , delict ), as a criminal offence , or both. Defamation and related laws can encompass a variety of acts (from general defamation and insult – as applicable to every citizen –‍ to specialized provisions covering specific entities and social structures): Defamation law has a long history stretching back to classical antiquity. While defamation has been recognized as an actionable wrong in various forms across historical legal systems and in various moral and religious philosophies, defamation law in contemporary legal systems can primarily be traced back to Roman and early English law. Roman law

5434-492: Is typically regarded as a tort for which the offended party can take civil action . The range of remedies available to successful plaintiffs in defamation cases varies between jurisdictions and range from damages to court orders requiring the defendant to retract the offending statement or to publish a correction or an apology. Modern defamation in common law jurisdictions are historically derived from English defamation law . English law allows actions for libel to be brought in

5577-521: The California Code of Civil Procedure and Ontario's Protection of Public Participation Act do so by enabling defendants to make a special motion to strike or dismiss during which discovery is suspended and which, if successful, would terminate the lawsuit and allow the party to recover its legal costs from the plaintiff. There are a variety of defences to defamation claims in common law jurisdictions. The two most fundamental defences arise from

5720-548: The Bush administration's foreign policy ; especially in their support for Israel , promotion of American influence in the Arab world and launching the war on terror . The Bush administration's domestic and foreign policies were heavily influenced by major ideologues affiliated with neoconservatism, such as Bernard Lewis , Lulu Schwartz , Richard and Daniel Pipes , David Horowitz , and Robert Kagan . Critics of neoconservatism have used

5863-634: The Canadian Charter of Rights and Freedoms , the " necessary in a democratic society " test applied by the European Court of Human Rights in assessing limitations on rights under the ECHR, Section 36 of the post- Apartheid Constitution of South Africa , and Section 24 of the 2010 Constitution of Kenya. Nevertheless, the worldwide use of criminal and civil defamation , to censor, intimidate or silence critics, has been increasing in recent years. In 2011,

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6006-444: The Commonwealth of Independent States , America, and Canada. Questions of group libel have been appearing in common law for hundreds of years. One of the earliest known cases of a defendant being tried for defamation of a group was the case of R v Orme and Nutt (1700). In this case, the jury found that the defendant was guilty of libeling several subjects, though they did not specifically identify who these subjects were. A report of

6149-754: The Judeo-Christian heritage are the essentials of the Great Tradition in Strauss's work. Strauss emphasized the spirit of the Greek classics and Thomas G. West (1991) argues that for Strauss the American Founding Fathers were correct in their understanding of the classics in their principles of justice. For Strauss, political community is defined by convictions about justice and happiness rather than by sovereignty and force. A classical liberal, he repudiated

6292-726: The Middle East . In 2017, Ted Becker, former Walter Meyer Professor of Law at New York University and Brian Polkinghorn, distinguished professor of Conflict Analysis and Dispute Resolution at Salisbury University , argued that Yinon's plan was adopted and refined in a 1996 policy document entitled A Clean Break: A New Strategy for Securing the Realm , written by a research group at the Israeli-affiliated Institute for Advanced Strategic and Political Studies in Washington. The group

6435-457: The Supreme Court of Canada rejected the actual malice test adopted in the US case New York Times Co. v. Sullivan . Once a claim has been made, the defendant may avail themselves of a defence of justification (the truth), fair comment, responsible communication, or privilege. Publishers of defamatory comments may also use the defence of innocent dissemination where they had no knowledge of the nature of

6578-576: The United Nations Human Rights Committee published their General comment No. 34 (CCPR/C/GC/34) – regarding Article 19 of the ICCPR. Paragraph 47 states: Defamation laws must be crafted with care to ensure that they comply with paragraph 3 [of Article 19 of the ICCPR], and that they do not serve, in practice, to stifle freedom of expression. All such laws, in particular penal defamation laws, should include such defences as

6721-747: The Yellowcake forgery scandal and the SISMI-Telecom affair , in which Marco Mancini, no. 2 of the SISMI already indicted in the Abu Omar case, was arrested by the end of 2006. The investigation also showed a connection between Scaramella and the CIA, in particular through Filippo Marino, one of Scaramella's closest partners since the 1990s and co-founder of the Environmental Crime Prevention Program , which

6864-686: The civil rights movement , racial integration , and Martin Luther King Jr. From the 1950s to the 1960s, liberals generally endorsed military action in order to prevent a communist victory in Vietnam during the Vietnam War . Neoconservatism was initiated by liberals' repudiation of the Cold War and by the " New Politics " of the American New Left , which Norman Podhoretz said was too sympathetic to

7007-450: The counterculture and too alienated from the majority of the population, and by the repudiation of "anti- anticommunism " by liberals, which included substantial endorsement of Marxist–Leninist politics by the New Left during the late 1960s. Some neoconservatives were particularly alarmed by what they believed were the antisemitic sentiments of Black Power advocates. Irving Kristol edited

7150-401: The defence of truth and they should not be applied with regard to those forms of expression that are not, of their nature, subject to verification. At least with regard to comments about public figures , consideration should be given to avoiding penalizing or otherwise rendering unlawful untrue statements that have been published in error but without malice. In any event, a public interest in

7293-403: The "real majority" of the electorate endorsed economic interventionism but also social conservatism and that it could be disastrous for Democrats to adopt liberal positions on certain social and crime issues. The neoconservatives rejected the countercultural New Left and what they considered anti-Americanism in the non-interventionism of the activism against the Vietnam War . After

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7436-588: The 1960s to the 2000s, peaking in influence during the presidency of George W. Bush , when they played a major role in promoting and planning the 2003 invasion of Iraq . Prominent neoconservatives in the Bush administration included Paul Wolfowitz , Elliott Abrams , Richard Perle , Paul Bremer , and Douglas Feith . Although U.S. Vice President Dick Cheney and Secretary of Defense Donald Rumsfeld had not self-identified as neoconservatives, they worked closely alongside neoconservative officials in designing key aspects of

7579-556: The 2003 abduction of Hassan Mustafa Osama Nasr in Milan, a case of extraordinary rendition that gave rise to the Abu Omar case . According to the interceptions, Scaramella was to collect false witnesses among KGB refugees in Europe to support this aim. He was arrested at the end of December 2006 on charges of calumny and illegal weapons' trade. The investigation showed that Scaramella received some of his information from Litvinenko. Scaramella

7722-592: The Abu Omar case, as well as SISMI no. 2, Marco Mancini , who was arrested in July 2006 for the same reason, were some of the informers, alongside Scaramella, of Guzzanti. According to Salvitti, neside targeting Prodi and his staff, this network, also aimed at defaming General Giuseppe Cucchi (the then director of the CESIS), Milan's judges Armando Spataro, in charge of the Abu Omar case, and Guido Salvini , as well as La Repubblica reporters Carlo Bonini and Giuseppe D'Avanzo, who broke

7865-676: The Bulgarian Connection . Pazienza stated that Ledeen "was the person responsible for dreaming up the 'Bulgarian connection' behind the plot to kill the Pope." Ledeen admitted to the Vanity Fair to having been paid $ 10,000 by the SISMI in 1979 or 1980, allegedly on extradition matters with the United States. The Washington Post reporter Michael Dobbs , who had initially believed this conspiracy theory , later wrote that "the Bulgarian connection

8008-573: The CIA and the Federal Bureau of Investigation , was accused by many of his colleagues of "privileging the raison d'état over law". In its final report, issued on 15 March 2006, the Mitrokhin Commission mentioned on page 248 that Bruguière during the course of his investigations allegedly gained information, indicating that the assassination attempt on Pope John Paul II was orchestrated by the GRU ,

8151-572: The Carter administration had delivered those countries to Marxist–Leninists that were even more repressive. She further accused the Carter administration of a "double standard" and of never having applied its rhetoric on the necessity of liberalization to communist governments . The essay compares traditional autocracies and Communist regimes: [Traditional autocrats] do not disturb the habitual rhythms of work and leisure, habitual places of residence, habitual patterns of family and personal relations. Because

8294-646: The Democratic Party, eventually influencing it through the Democratic Leadership Council . Thus the Socialist Party dissolved in 1972, and the SDUSA emerged that year. (Most of the left-wing of the party, led by Michael Harrington, immediately abandoned the SDUSA.) SDUSA leaders associated with neoconservatism include Carl Gershman , Penn Kemble , Joshua Muravchik and Bayard Rustin . Norman Podhoretz's magazine Commentary , originally

8437-476: The Dutch Caribbean) gives rise to a claim by way of " actio iniuriarum ". For liability under the actio iniuriarum , the general elements of delict must be present, but specific rules have been developed for each element. Causation, for example, is seldom in issue, and is assumed to be present. The elements of liability under the actio iniuriarum are as follows: Under the actio iniuriarum , harm consists in

8580-525: The High Court for any published statements alleged to defame a named or identifiable individual or individuals (under English law companies are legal persons, and allowed to bring suit for defamation ) in a manner that causes them loss in their trade or profession, or causes a reasonable person to think worse of them. In contemporary common law jurisdictions, to constitute defamation, a claim must generally be false and must have been made to someone other than

8723-715: The Italian SISMI to United States intelligence. These forgeries depicted an attempt by the regime of Iraq's Saddam Hussein to purchase uranium , in the form of yellowcake , from Niger during the Iraq armament crisis, and was part of the rationale for the Iraq War cited by the George W. Bush administration to support the 2003 invasion of Iraq . Guzzanti revived the old " Bulgarian connection " thesis concerning Mehmet Ali Ağca 's 1981 attempted assassination of Pope John Paul II . He stated in

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8866-561: The Italian press in late 2006, showing that the two planned to discredit various political opposition figures by claiming ties with the KGB. The 2006 Italian general election , held on 9–10 April, was won by Prodi's centre-left coalition , The Union . In November 2006, the new Italian Parliament instituted a commission to investigate the Mitrokhin Commission for allegations that it was manipulated for political purposes. The inter-parliamentary commission

9009-403: The Italian secret services were all rejected in the 1990s by the Italian government. From 2003 to 2006, he worked for the Mitrokhin Commission. When a left-wing member of the commission questioned his credentials, he promptly remade one. Cited by La Repubblica , according to the investigations of Rome prosecutor Pietro Salvitti, who indicted Scaramella, Nicolò Pollari , head of SISMI indicted in

9152-678: The KGB" financed by Moscow in order to discredit him. In these interceptions, the two men also discussed plans to claim that Antonio Bassolino , president of the Campania region, was linked to the Camorra . According to the Corriere della Sera , these interceptions demonstrated that Scaramella was in contact with Italian police agents, penitentiary police agents, and two CIA agents, one of them being Robert Seldon Lady , former CIA station chief in Milan, indicted by prosecutor Armando Spataro for having coordinated

9295-504: The Pope wrote about it in his last book, Memory and Identity : Conversations Between Millenniums . The Pope wrote that he was convinced the shooting was not Ağca's initiative and that "someone else masterminded it and someone else commissioned it". Guzzanti's claims in the draft report were based on recent computer analysis of photographs that purported to demonstrate suspected conspirator Sergei Antonov 's presence in St Peter's Square during

9438-405: The Republican Administration of President George H. W. Bush and that of his Democratic successor, President Bill Clinton . Many critics charged that the neoconservatives lost their influence as a result of the end of the Soviet Union. After the decision of George H. W. Bush to leave Saddam Hussein in power after the first Iraq War during 1991, many neoconservatives considered this policy and

9581-501: The Republican who promised to confront Soviet expansionism. Neoconservatives organized in the American Enterprise Institute and The Heritage Foundation to counter the liberal establishment. Author Keith Preston named the successful effort on behalf of neoconservatives such as George Will and Irving Kristol to cancel Reagan's 1980 nomination of Mel Bradford , a Southern Paleoconservative academic whose regionalist focus and writings about Abraham Lincoln and Reconstruction alienated

9724-444: The United Nations in the Reagan administration. Some left-wing academics such as Frank Meyer and James Burnham eventually became associated with the conservative movement at this time. A substantial number of neoconservatives were originally moderate socialists who were originally associated with the moderate wing of the Socialist Party of America (SP) and its successor party, the Social Democrats, USA (SDUSA). Max Shachtman ,

9867-470: The United States, criminal defamation is generally limited to the living. However, there are 7 states ( Idaho , Kansas , Louisiana , Nevada , North Dakota , Oklahoma , Utah ) that have criminal statutes regarding defamation of the dead. The Organization for Security and Co-operation in Europe (OSCE) has also published a detailed database on criminal and civil defamation provisions in 55 countries, including all European countries, all member countries of

10010-412: The Vietnam War, the anti-communist, internationalist and interventionist roots of this Cold War liberalism seemed increasingly brittle to the neoconservatives. As a consequence they migrated to the Republican Party and formed one pillar of the Reagan Coalition and of the conservative movement. Hence, they became Neo-conservatives. Through the 1950s and early 1960s, the future neoconservatives had endorsed

10153-475: The alleged "KGB's man in Italy", his staff, Massimo D'Alema , Alfonso Pecoraro Scanio , General Giuseppe Cucchi (later director of the CESIS ), Milan's judges Armando Spataro, and Guido Salvini , both in charge of the Abu Omar case , as well as La Repubblica reporters Carlo Bonini  [ it ] and Giuseppe D'Avanzo  [ it ] , who broke the Niger uranium forgeries . This latter affair refers to falsified classified documents provided by

10296-496: The anti-war faction took control of the party during 1972 and nominated George McGovern , the Democrats among the neoconservatives endorsed Washington Senator Henry "Scoop" Jackson for his unsuccessful 1972 and 1976 campaigns for president. Among those who worked for Jackson were the incipient neoconservatives Paul Wolfowitz , Doug Feith , and Richard Perle . During the late 1970s, neoconservatives tended to endorse Ronald Reagan ,

10439-435: The calumnies and injuries whenever its content is not correctly attributed to the corresponding source. Exceptions are expressions referring to subjects of public interest or that are not assertive (see Article 113). When calumny or injury are committed through the press, a possible extra penalty is the publication of the judicial decision at the expenses of the guilty (Article 114). He who passes to someone else information about

10582-412: The case told that the jury believed that "where a writing ... inveighs against mankind in general, or against a particular order of men, as for instance, men of the gown, this is no libel, but it must descend to particulars and individuals to make it libel." This jury believed that only individuals who believed they were specifically defamed had a claim to a libel case. Since the jury was unable to identify

10725-599: The country by elevating the fault element for public officials to actual malice – that is, public figures could win a libel suit only if they could demonstrate the publisher's "knowledge that the information was false" or that the information was published "with reckless disregard of whether it was false or not". Later the Supreme Court held that statements that are so ridiculous to be clearly not true are protected from libel claims, as are statements of opinion relating to matters of public concern that do not contain

10868-428: The country. We would not have been able to get everybody out and bring everybody home. And the question in my mind is how many additional American casualties is Saddam [Hussein] worth? And the answer is not that damned many. So, I think we got it right, both when we decided to expel him from Kuwait, but also when the president made the decision that we'd achieved our objectives and we were not going to go get bogged down in

11011-643: The court decision in Rome in March 1986." He recalled the Pope's comments dismissing those allegations during his May 2002 visit to Bulgaria. In an interview published in La Repubblica in November 2006, former KGB agent Yevgeny Limarev told how the working group of the commission purpose was to find connections between Italian political left exponents and KGB or Russia's Federal Security Service , presumably for political purpose. Asked about targeted persons, he said: "Without

11154-539: The crime, this report clearly shows a ruling based on group libel. Since laws restricting libel were accepted at this time because of its tendency to lead to a breach of peace, group libel laws were justified because they showed potential for an equal or perhaps greater risk of violence. For this reason, group libel cases are criminal even though most libel cases are civil torts. In a variety of Common Law jurisdictions, criminal laws prohibiting protests at funerals, sedition , false statements in connection with elections, and

11297-471: The criminal law should only be countenanced in the most serious of cases and imprisonment is never an appropriate penalty. It is impermissible for a State party to indict a person for criminal defamation but then not to proceed to trial expeditiously – such a practice has a chilling effect that may unduly restrict the exercise of freedom of expression of the person concerned and others. While each legal tradition approaches defamation differently, it

11440-627: The decision not to endorse indigenous dissident groups such as the Kurds and Shiites in their 1991–1992 resistance to Hussein as a betrayal of democratic principles. Some of those same targets of criticism would later become fierce advocates of neoconservative policies. During 1992, referring to the first Iraq War , then United States Secretary of Defense and future Vice President Richard Cheney said: I would guess if we had gone in there, I would still have forces in Baghdad today. We'd be running

11583-527: The defences of absolute and qualified privilege, fair comment, and justification. While statutory law in the United Kingdom provides that, if the defendant is only successful in proving the truth of some of the several charges against him, the defence of justification might still be available if the charges not proved do not materially injure the reputation, there is no corresponding provision in India, though it

11726-650: The defense of liberal democracy in the face of its vulnerability. Strauss influenced The Weekly Standard editor Bill Kristol , William Bennett , Newt Gingrich , Antonin Scalia and Clarence Thomas , as well as Paul Wolfowitz . A theory of neoconservative foreign policy during the final years of the Cold War was articulated by Jeane Kirkpatrick in " Dictatorships and Double Standards ", published in Commentary Magazine during November 1979. Kirkpatrick criticized

11869-478: The deputies Ferdinando Adornato , Gabriele Albonetti, Maurizio Bertucci, Valter Bielli, Francesco Carboni , Fabrizio Cicchitto , Giuseppe Cossiga , Oliviero Diliberto , Lino Duilio, Giuseppe Fallica, Vincenzo Fragalà, Pierfrancesco Emilio Romano Gamba, Francesco Giordano, Giuseppe Lezza, Giuseppe Molinari , Erminio Angelo Quartiani, Enzo Raisi, and Giacomo Stucchi. Allegations of KGB ties, which were denied and ruled defamatory in nature in court, included Prodi as

12012-473: The dissemination of which was regarded as particularly dangerous, and visited with very severe punishment, whether the matters contained in them were true or false. The Praetorian Edict, codified circa AD 130, declared that an action could be brought up for shouting at someone contrary to good morals: " qui, adversus bonos mores convicium cui fecisse cuiusve opera factum esse dicitur, quo adversus bonos mores convicium fieret, in eum iudicium dabo. " In this case,

12155-421: The doctrine in common law jurisdictions that only a false statement of fact (as opposed to opinion) can be defamatory. This doctrine gives rise to two separate but related defences: opinion and truth. Statements of opinion cannot be regarded as defamatory as they are inherently non-falsifiable. Where a statement has been shown to be one of fact rather than opinion, the most common defence in common law jurisdictions

12298-522: The draft of the report, without providing evidence to back his claim, that "leaders of the former Soviet Union were behind the assassination attempt", alleging that "the leadership of the Soviet Union took the initiative to eliminate Pope John Paul" because of his support for Solidarity , the Polish trade-union, relaying "this decision to the military secret services" and not the KGB. According to Frank Brodhead,

12441-532: The exact people who were being defamed, there was no cause to identify the statements were a libel. Another early English group libel which has been frequently cited is King v. Osborne (1732). In this case, the defendant was on trial "for printing a libel reflecting upon the Portuguese Jews". The printing in question claimed that Jews who had arrived in London from Portugal burned a Jewish woman to death when she had

12584-430: The first few decades of the twenty first century, the phenomenon of strategic lawsuits against public participation has gained prominence in many common law jurisdictions outside Singapore as activists, journalists, and critics of corporations, political leaders, and public figures are increasingly targeted with vexatious defamation litigation. As a result, tort reform measures have been enacted in various jurisdictions;

12727-402: The following remedies in an action for defamation: compensatory damages; an injunction to stop further publication; a correction or a retraction; and in certain cases, punitive damages. Section 28 of the Act allows for punitive damages only when a there is a flagrant disregard of the rights of the person defamed. As the law assumes that an individual suffers loss if a statement is defamatory, there

12870-586: The foreign military intelligence agency of the former Soviet Union. Bruguière's information supporting the "Bulgarian connection" in the attempted assassination allegedly sprang from the prosecution of Ilich Ramirez Sanchez , alias Carlos the Jackal, held in France since his capture in Sudan in 1994. Both Russia and Bulgaria condemned the report. Foreign ministry spokesman Dimiter Tzantchev said: "For Bulgaria, this case closed with

13013-535: The foreign policy of Jimmy Carter , which endorsed détente with the Soviet Union. She later served the Reagan Administration as Ambassador to the United Nations. In "Dictatorships and Double Standards", Kirkpatrick distinguished between authoritarian regimes and the totalitarian regimes such as the Soviet Union. She suggested that in some countries democracy was not tenable and the United States had

13156-517: The freedom of expression provisions of the European Convention on Human Rights. One notable case was Lingens v. Austria (1986). According to the Criminal Code of Albania , defamation is a crime. Slandering in the knowledge of falsity is subject to fines of from 40 000 ALL (c. $ 350) to one million ALL (c. $ 8350 ). If the slandering occurs in public or damages multiple people, the fine

13299-418: The government risks violent overthrow and should expect gradual change rather than immediate transformation. She wrote: "No idea holds greater sway in the mind of educated Americans than the belief that it is possible to democratize governments, anytime and anywhere, under any circumstances ... Decades, if not centuries, are normally required for people to acquire the necessary disciplines and habits. In Britain,

13442-752: The implied constitutional limitation on governmental powers to limit speech of a political nature established in Lange v Australian Broadcasting Corporation (1997). In 2006, uniform defamation laws came into effect across Australia. In addition to fixing the problematic inconsistencies in law between individual States and Territories, the laws made a number of changes to the common law position, including: Neoconservative Defunct Newspapers Journals TV channels Websites Other Economics Gun rights Identity politics Nativist Religion Watchdog groups Youth/student groups Miscellaneous Other Defunct Neoconservatism

13585-498: The infringement of a personality right, either "corpus", "dignitas", or "fama". Dignitas is a generic term meaning 'worthiness, dignity, self-respect', and comprises related concerns like mental tranquillity and privacy. Because it is such a wide concept, its infringement must be serious. Not every insult is humiliating; one must prove contumelia . This includes insult ( iniuria in the narrow sense), adultery, loss of consortium, alienation of affection, breach of promise (but only in

13728-520: The journal The Public Interest (1965–2005), featuring economists and political scientists, which emphasized ways that government planning in the liberal state had produced unintended harmful consequences. Some early neoconservative political figures were disillusioned Democratic politicians and intellectuals, such as Daniel Patrick Moynihan , who served in the Nixon and Ford administrations, and Jeane Kirkpatrick , who served as United States Ambassador to

13871-586: The light of the Yinon Plan and the Clean break analysis, to be proof that Israel is engaged in a modern version of The Great Game , with the backing of Zionist currents in the American neoconservative and Christian fundamentalist movements. They also conclude that Likud Party appears to have implemented both plans. During the 1990s, neoconservatives were once again opposed to the foreign policy establishment, both during

14014-474: The like, then it is slander. In contrast, libel encompasses defamation by written or printed words, pictures, or in any form other than spoken words or gestures. The law of libel originated in the 17th century in England. With the growth of publication came the growth of libel and development of the tort of libel. The highest award in an American defamation case, at US$ 222.7 million was rendered in 1997 against Dow Jones in favour of MMAR Group Inc; however,

14157-490: The miseries of traditional life are familiar, they are bearable to ordinary people who, growing up in the society, learn to cope. [Revolutionary Communist regimes] claim jurisdiction over the whole life of the society and make demands for change that so violate internalized values and habits that inhabitants flee by the tens of thousands. Kirkpatrick concluded that while the United States should encourage liberalization and democracy in autocratic countries, it should not do so when

14300-564: The more cosmopolitan and progress-oriented neoconservatives, to the leadership of the National Endowment for the Humanities in favor of longtime Democrat William Bennett as emblematic of the neoconservative movement establishing hegemony over mainstream American conservatism. In another (2004) article, Michael Lind also wrote: Neoconservatism ... originated in the 1970s as a movement of anti-Soviet liberals and social democrats in

14443-446: The movement. The term neoconservative was popularized in the United States during 1973 by the socialist leader Michael Harrington , who used the term to define Daniel Bell , Daniel Patrick Moynihan , and Irving Kristol , whose ideologies differed from Harrington's. Earlier during 1973, he had described some of the same ideas in a brief contribution to a symposium on welfare sponsored by Commentary . The neoconservative label

14586-541: The new conclusions brought by Guzzanti were based on the same information provided in the early 1980s by Michael Ledeen , an American neoconservative author tied to the SISMI and Ağca himself, which he said is "bogus at best and at worst deliberately misleading". The "Bulgarian connection" thesis was debunked by Francesco Pazienza , a member of Propaganda Due , cited in a 1987 article in The Nation , as well as by media analyst Edward S. Herman in 1986: The Rise and Fall of

14729-514: The offence was constituted by the unnecessary act of shouting. According to Ulpian , not all shouting was actionable. Drawing on the argument of Labeo , he asserted that the offence consisted in shouting contrary to the morals of the city (" adversus bonos mores huius civitatis ") something apt to bring in disrepute or contempt (" quae... ad infamiam vel invidiam alicuius spectaret ") the person exposed thereto. Any act apt to bring another person into disrepute gave rise to an actio injurarum . In such

14872-403: The offense lay in the content of the imputation, not in the manner of its publication. The truth was therefore a sufficient defense, for no man had a right to demand legal protection for a false reputation. In Anglo-Saxon England , whose legal tradition is the predecessor of contemporary common law jurisdictions, slander was punished by cutting out the tongue. Historically, while defamation of

15015-433: The person defamed. Some common law jurisdictions distinguish between spoken defamation, called slander , and defamation in other media such as printed words or images, called libel . The fundamental distinction between libel and slander lies solely in the form in which the defamatory matter is published. If the offending material is published in some fleeting form, such as spoken words or sounds, sign language, gestures or

15158-456: The philosophy of John Locke as a bridge to 20th-century historicism and nihilism and instead defended liberal democracy as closer to the spirit of the classics than other modern regimes. For Strauss, the American awareness of ineradicable evil in human nature and hence the need for morality, was a beneficial outgrowth of the pre-modern Western tradition. O'Neill (2009) notes that Strauss wrote little about American topics, but his students wrote

15301-448: The private law is derived from French civil law). In common law provinces and territories, defamation covers any communication that tends to lower the esteem of the subject in the minds of ordinary members of the public. Probably true statements are not excluded, nor are political opinions. Intent is always presumed, and it is not necessary to prove that the defendant intended to defame. In Hill v. Church of Scientology of Toronto (1995),

15444-462: The problems of trying to take over and govern Iraq. A key neoconservative policy-forming document, A Clean Break: A New Strategy for Securing the Realm (commonly known as the "Clean Break" report) was published in 1996 by a study group of American-Jewish neoconservative strategists led by Richard Perle on the behest of newly-elected Israeli Prime Minister Benjamin Netanyahu . The report called for

15587-496: The reputation or rights of others. Additionally, restrictions of freedom of expression and other rights guaranteed by international human rights laws (including the European Convention on Human Rights (ECHR)) and by the constitutions of a variety of countries are subject to some variation of the three-part test recognised by the United Nations Human Rights Committee which requires that limitations be: 1) "provided by law that

15730-458: The right to a legal remedy for defamation, this right must be balanced with the equally protected right to freedom of opinion and expression. In general, ensuring that domestic defamation law adequately balances individuals' right to protect their reputation with freedom of expression and of the press entails: In most of Europe, article 10 of the European Convention on Human Rights permits restrictions on freedom of speech when necessary to protect

15873-711: The road [to democratic government] took seven centuries to traverse. ... The speed with which armies collapse, bureaucracies abdicate, and social structures dissolve once the autocrat is removed frequently surprises American policymakers". In 1982 and around the time of the Lebanon War , a paper known as the Yinon Plan was published under the authorship of Oded Yinon, a senior advisor to Israeli Minister of Defense Ariel Sharon , which called for an aggressive geopolitics aimed at " Balkanizing " Iraq and Syria by provoking sectarian divisions and taking advantage of existing ones in

16016-482: The shooting and on information brought by the French anti-terrorist judge Jean-Louis Bruguière , a controversial figure whose last feat was to indict Rwandese president Paul Kagame , on the grounds that he had deliberately provoked the 1994 Rwandan genocide against his own ethnic group in order to take the power. According to Le Figaro , Bruguière, who was in close contacts with both Moscow and Washington, D.C., including

16159-483: The state rather than defamation suits; thus, for most of American history, the Supreme Court did not interpret the First Amendment as applying to libel cases involving media defendants. This left libel laws, based upon the traditional common law of defamation inherited from the English legal system, mixed across the states. The 1964 case New York Times Co. v. Sullivan dramatically altered the nature of libel law in

16302-533: The statement is true or is a statement of fact, it does not actually harm someone's reputation. It is also necessary in these cases to show that there is a well-founded public interest in the specific information being widely known, and this may be the case even for public figures . Public interest is generally not "what the public is interested in", but rather "what is in the interest of the public". Other defences recognised in one or more common law jurisdictions include: Media liability or defamation insurance

16445-451: The statement was defamatory. In an action for defamation per se , the law recognises that certain false statements are so damaging that they create a presumption of injury to the plaintiff's reputation, allowing a defamation case to proceed to verdict with no actual proof of damages. Although laws vary by state, and not all jurisdictions recognise defamation per se , there are four general categories of false statement that typically support

16588-539: The statement would be considered defamatory per se if false, if the defendant establishes that it is in fact true, an action for defamation per se cannot survive. The conception of what type of allegation may support an action for defamation per se can evolve with public policy. For example, in May 2012 an appeals court in New York, citing changes in public policy with regard to homosexuality , ruled that describing someone as gay

16731-399: The statement, it was not brought to their attention, and they were not negligent. Common law jurisdictions vary as to whether they permit corporate plaintiffs in defamation actions. Under contemporary Australian law, private corporations are denied the right to sue for defamation, with an exception for small businesses (corporations with less than 10 employees and no subsidiaries); this rule

16874-417: The subject matter of the criticism should be recognized as a defence. Care should be taken by States parties to avoid excessively punitive measures and penalties. Where relevant, States parties should place reasonable limits on the requirement for a defendant to reimburse the expenses of the successful party. States parties should consider the decriminalization of defamation and, in any case, the application of

17017-434: The term to describe foreign policy and war hawks who support aggressive militarism or neocolonialism . Historically speaking, the term neoconservative refers to Americans who moved from the anti-Stalinist left to conservatism during the 1960s and 1970s. The movement had its intellectual roots in the magazine Commentary , edited by Norman Podhoretz . They spoke out against the New Left, and in that way helped define

17160-466: The tradition of Truman, Kennedy, Johnson, Humphrey and Henry ('Scoop') Jackson, many of whom preferred to call themselves 'paleoliberals.' [After the end of the Cold War] ... many 'paleoliberals' drifted back to the Democratic center ... Today's neocons are a shrunken remnant of the original broad neocon coalition. Nevertheless, the origins of their ideology on the left are still apparent. The fact that most of

17303-403: The truth of the remaining charges". Similarly, the American doctrine of substantial truth provides that a statement is not defamatory if it has "slight inaccuracies of expression" but is otherwise true. Since a statement can only be defamatory if it harms another person's reputation, another defence tied to the ability of a statement to be defamatory is to demonstrate that, regardless of whether

17446-413: The truthfulness of the statement; where the plaintiff is a celebrity or public official, they must additionally prove that the statement was made with actual malice (i.e. the intent to do harm or with reckless disregard for the truth). A series of court rulings led by New York Times Co. v. Sullivan , 376 U.S. 254 (1964) established that for a public official (or other legitimate public figure) to win

17589-543: The use of profanity in public, are also often used in contexts similar to criminal libel actions. The boundaries of a court's power to hold individuals in "contempt of court" for what amounts to alleged defamatory statements about judges or the court process by attorneys or other people involved in court cases is also not well established in many common law countries. While defamation torts are less controversial as they ostensibly involve plaintiffs seeking to protect their right to dignity and their reputation, criminal defamation

17732-602: The verdict was dismissed in 1999 amid allegations that MMAR failed to disclose audiotapes made by its employees. In common law jurisdictions, civil lawsuits alleging defamation have frequently been used by both private businesses and governments to suppress and censor criticism. A notable example of such lawsuits being used to suppress political criticism of a government is the use of defamation claims by politicians in Singapore's ruling People's Action Party to harass and suppress opposition leaders such as J. B. Jeyaretnam . Over

17875-452: The world they are filed, since a compainant can look for a more favorable jurisdiction to file their claim. Investigative journalism usually requires higher insurance premiums, with some plans not covering investigative work altogether. Many common law jurisdictions recognise that some categories of statements are considered to be defamatory per se , such that people making a defamation claim for these statements do not need to prove that

18018-559: The wrongful conduct of the defender. For such reparation to be offered, however, the non-patrimonial interest must be deliberately affronted: negligent interference with a non-patrimonial interest will not be sufficient to generate liability. An actio iniuriarum requires that the conduct of the defender be 'contumelious' —that is, it must show such hubristic disregard of the pursuer's recognised personality interest that an intention to affront ( animus iniuriandi ) might be imputed. In addition to tort law, many jurisdictions treat defamation as

18161-642: The younger neocons were never on the left is irrelevant; they are the intellectual (and, in the case of William Kristol and John Podhoretz, the literal) heirs of older ex-leftists. C. Bradley Thompson , a professor at Clemson University, claims that most influential neoconservatives refer explicitly to the theoretical ideas in the philosophy of Leo Strauss (1899–1973), although there are several writers who claim that in doing so they may draw upon meaning that Strauss himself did not endorse . Eugene Sheppard notes: "Much scholarship tends to understand Strauss as an inspirational founder of American neoconservatism". Strauss

18304-635: Was a refugee from Nazi Germany who taught at the New School for Social Research in New York (1938–1948) and the University of Chicago (1949–1969). Strauss asserted that "the crisis of the West consists in the West's having become uncertain of its purpose". His solution was a restoration of the vital ideas and faith that in the past had sustained the moral purpose of the West. The Greek classics ( classical republican and modern republican ), political philosophy and

18447-573: Was adopted by Irving Kristol in his 1979 article "Confessions of a True, Self-Confessed 'Neoconservative ' ". His ideas have been influential since the 1950s, when he co-founded and edited the magazine Encounter . Another source was Norman Podhoretz , editor of the magazine Commentary , from 1960 to 1995. By 1982, Podhoretz was terming himself a neoconservative in The New York Times Magazine article titled "The Neoconservative Anguish over Reagan's Foreign Policy". The term itself

18590-411: Was aimed at giving sufficient scope for the discussion of a man's character, while it protected him from needless insult and pain. The remedy for verbal defamation was long confined to a civil action for a monetary penalty, which was estimated according to the significance of the case, and which, although punitive in its character, doubtless included practically the element of compensation. But a new remedy

18733-636: Was composed by the following twenty senators and twenty deputies: the Senate president Paolo Guzzanti ; the vice-presidents Andrea Papini and Giovanni Mongiello; the secretaries Giampaolo Zancan and Salvatore Meleleo; the senators Giulio Andreotti , Guglielmo Castagnetti, Mario Cavallaro, Amedeo Ciccanti, Cinzia Dato, Luciano Falcier, Costantino Garraffa, Mario Gasbarri, Lauro Salvatore, Loris Giuseppe Maconi, Lucio Malan , Luigi Marino, Franco Mugnai, Gianni Nieddu, Lodovico Pace, Piergiorgio Stiffoni, Roberto Ulivi, Lodovico Pace, Piergiorgio Stiffoni, and Roberto Ulivi; and

18876-469: Was described as an empty shell according to the International Herald Tribune . Marino, who was living in the United States, acknowledged in an interview an association with former and active CIA officers, including Robert Seldon Lady , the former CIA station chief in Milan. The Mitrokhin Commission was shut down in March 2006 without any concrete result provided, and not one political figure

19019-797: Was directed by Richard Perle , who, some years later, became one of the key figures in the formulation of the Iraq War strategy adopted during the administration of George W. Bush in 2003. Both Becker and Polkinghorn admit that avowed enemies of Israel in the Middle East take the sequence of events—Israel's occupation of the West Bank , the Golan Heights , its encirclement of Gaza , the invasion of Lebanon, its bombing of Iraq , airstrikes in Syria and its attempts at containing Iran's nuclear capacities —when read in

19162-432: Was exposed by the allegations, despite months of press speculation alimented by Berlusconi family newspaper Il Giornale . Following the 2006 general election and the nomination of Prodi as head of the new government, a parliamentary commission was instituted to investigate about this controversial Mitrokhin Commission. Libel Defamation is a communication that injures a third party's reputation and causes

19305-620: Was false, the court ruled in its favour, saying that libel of a public official requires proof of actual malice , which was defined as a "knowing or reckless disregard for the truth". Many jurisdictions within the Commonwealth (e.g. Singapore, Ontario, and the United Kingdom ) have enacted legislation to: Libel law in England and Wales was overhauled even further by the Defamation Act 2013 . Defamation in Indian tort law largely resembles that of England and Wales . Indian courts have endorsed

19448-599: Was introduced by the state of New South Wales in 2003, and then adopted nationwide in 2006. By contrast, Canadian law grants private corporations substantially the same right to sue for defamation as individuals possess. Since 2013, English law charts a middle course, allowing private corporations to sue for defamation, but requiring them to prove that the defamation caused both serious harm and serious financial loss, which individual plaintiffs are not required to demonstrate. Defamation in jurisdictions applying Roman Dutch law (i.e. most of Southern Africa, Indonesia, Suriname, and

19591-433: Was introduced with the extension of the criminal law, under which many kinds of defamation were punished with great severity. At the same time increased importance attached to the publication of defamatory books and writings, the libri or libelli famosi , from which is derived the modern use of the word libel ; and under the later emperors the latter term came to be specially applied to anonymous accusations or pasquils ,

19734-409: Was invented by Ağca with the hope of winning his release from prison. He was aided and abetted in this scheme by right-wing conspiracy theorists in the United States and William J. Casey 's Central Intelligence Agency (CIA), which became a victim of its own disinformation campaign." Guzzanti said that the commission had decided to re-open the report's chapter on the assassination attempt in 2005, after

19877-452: Was not an issue of defamation. Another example of libel is the case of New York Times Co. v. Sullivan (1964). The Supreme Court of the United States overruled a state court in Alabama that had found The New York Times guilty of libel for printing an advertisement that criticised Alabama officials for mistreating student civil rights activists. Even though some of what The Times printed

20020-455: Was the "Study Group Leader", but the final report included ideas from fellow neoconservatives, pro-Israel right-wingers and affiliates of Netanyahu's Likud party, such as Douglas Feith , James Colbert, Charles Fairbanks Jr., Jonathan Torop, David Wurmser , Meyrav Wurmser , and IASPS president Robert Loewenberg. Within a few years of the Gulf War in Iraq , many neoconservatives were endorsing

20163-580: Was the commission's consultant and became involved in the events surrounding the death of former KGB agent Alexander Litvinenko in Great Britain on 23 November 2006. In the interceptions, Guzzanti declared that the Mitrokhin Commission's unstated goal was to depict Prodi and Alfonso Pecoraro Scanio , leader of the Federation of the Greens and then minister of environment in second Prodi government , as "agents of

20306-434: Was the product of a rejection among formerly self-identified liberals of what they considered a growing leftward turn of the Democratic Party in the 1970s. Neoconservatives perceived in the new left liberalism an ideological effort to distance the Democratic Party and American liberalism from Cold War liberalism as it was espoused by former Presidents such as Harry S. Truman , John F. Kennedy and Lyndon B. Johnson . After

20449-564: Was then an obscure figure, described as by the International Herald Tribune as "a slew of media reports about him and his career here — which included trying to prove that some top Italian center-left politicians, including Prime Minister Romano Prodi, are Russian spies — have invariably included unflattering adjectives. They include: 'incurable liar', 'wannabe 007', 'braggart', 'bumbler' and 'swindler' — not to mention 'fool' and 'mental case'." His repeated offers to collaborate with

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