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Man Fined $4,000 For 'Liking' Defamatory Posts on Facebook (cnn.com)

In what appears to be a first, a court in Switzerland has fined a man the equivalent of over $4,000 just for clicking the "like" button on what a judge said were defamatory Facebook comments. From a report: The court in Zurich found that the man indirectly endorsed and further distributed the comments by using the ubiquitous Facebook "like" button. The man, who was not named in the court's statement, "liked" several posts written by a third party that accused an animal rights activist of antisemitism, racism and fascism. In court, the man was not able to prove that the claims were accurate or could reasonably be held to be true. "The defendant clearly endorsed the unseemly content and made it his own," a statement from the court said. The court fined the man a total of 4,000 Swiss francs ($4,100). He has the right to appeal his sentence. Facebook said the case had "no direct link" to the company, and a spokesperson declined to comment.

31 of 210 comments (clear)

  1. Good by 110010001000 · · Score: 5, Funny

    Everyone who uses Facebook should be fined $4000.

    1. Re:Good by zlives · · Score: 2

      i guess just the shame is not enough anymore.

    2. Re:Good by Sperbels · · Score: 4, Funny

      Like

  2. This is Why by sexconker · · Score: 2, Funny

    This is why Trump and REAL Americans want absolutely nothing to do with you Eurotrash.
    #covfefe

    1. Re:This is Why by Anonymous Coward · · Score: 2, Insightful

      "Like with his treasonous collaboration with Russia's crimes in the USA,"
      Your Trump aren't you? Or do you also like to say stupid things?
      "exposed as a traitor by firing FBI director James Comey"
      Are you sure you are not Trump? This unsupported drivel sounds like something Trump would say. And every anti-Trump protester have been wanting Comey fired since last July. And now when he is actually fired they complain and accuse. These people change sides and reverse course using another set of facts faster than Trump does.

      If you want to describe someone as a traitor you will need some actual facts to back up your accusations or your reasoning facilities are no better than Trump.

  3. Who Will Think Of The Bots? by WillAffleckUW · · Score: 3, Funny

    Who will think of the bots this will dramatically impact?

    When Russian bots dream, they dream of oil burning sheep.

    Think on them, before you fine too much.

    Vast herds of Russian bots might go hungry, unable to pay their fines.

    Will you help them?

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    -- Tigger warning: This post may contain tiggers! --
  4. That's a lot of value judgement... by supernova87a · · Score: 4, Interesting

    ... for a court to be putting into a "like" button.

    For one thing, does "liking" using the button imply endorsement? Does "like" mean what they think it means? Or was the person's intention? And what if it was inadvertent clicking?

    What if the button was called "interesting..." instead?

    You would think that a court would restrain itself and hesitate to rule, given so many possibilities of meaning and ambiguities here...

    1. Re:That's a lot of value judgement... by BitterOak · · Score: 3, Interesting

      ... for a court to be putting into a "like" button. For one thing, does "liking" using the button imply endorsement?

      Exactly. You read a post which says someone you don't like is a child molester. You had no knowledge of that, but you're thrilled to find out. (I'm assuming you really disliked this person.) Therefore you really like the news the post reveals, so you click "Like". It turns out the story was not true. Why should you be guilty of slander? Like doesn't mean you think the news is true; it means you like the news.

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      If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
  5. Wow, talk about shitting on free speech by Theovon · · Score: 4, Informative

    Ok, is Switzerland, so maybe they have different laws from what I’m used to. But in the civilized world, we value free speech. The right to free speech often translates into the right to be a total asshole, but that’s the price we pay to ensure that well-meaning people don’t have their rights stomped on by a fascist government.

    Now, speech can be INVOLVED in criminal behavior. For instance, libel and slander. These come down not to the speech but the consequences of the speech. You can “defame” a fictional character all you want, and you can say really asshole things about non-specific people.

    In this specific case there’s this “third party” who said defamatory things about an animal rights activist — who are THEY? Why aren’t we hearing more about this third party? Why aren’t they in trouble? Why is some moron with a like button fined $4000 when the original defamer is left unscathed?

    I’m really liberal, but this sounds like some of that SJW shit the conservatives are always going on about.

    1. Re:Wow, talk about shitting on free speech by Anonymous Coward · · Score: 4, Informative

      "Free speech" does not protect things like defamation of character, slander, libel, or inciting violence.

    2. Re:Wow, talk about shitting on free speech by Anonymous Coward · · Score: 2, Insightful

      We don't know anything about the third party. Maybe they're the subject of a separate case. Maybe they've already settled their differences. Maybe, and this is what I suspect, they're not in Switzerland and not within the reach of the Swiss courts.

      But the guy in Switzerland is within reach of those courts, and if they think that he's breached their law - and they are the ultimate authority on that question, if nothing else - then they're completely within their rights to punish him for it.

      Defamation is not so much about what you say (well, write), but more about who you say it to. If I walk up to you and say to your face "I know you fucked that hamster last week", that's nasty - but assuming no-one else hears it, it's not defamatory, because it doesn't affect your reputation. But if I say to a random third person "I know Theovon fucked his hamster last week", that's defamatory. And if I publish it, e.g. on Slashdot, that's libel.

      It's the publication that's punishable, not the words. By clicking 'Like', the court says, he made it likely that more people (his Facebook friends/followers, presumably) would see those messages than would otherwise have done. This is no different from, e.g., forwarding an email, or showing a letter to a friend - which is well within the definition of "publishing", as far as libel is concerned.

      There's scope for argument about whether the comments were defamatory, but if that's granted, then liability for "Liking" them seems reasonable.

  6. There go the mods by Ken_g6 · · Score: 5, Insightful

    Isn't the Slashdot moderation system based on likes? If moderators can get sued for promoting a post, Slashdot isn't long for the Internet.

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    (T>t && O(n)--) == sqrt(666)
    1. Re:There go the mods by zzyvits · · Score: 3, Informative

      The USA has freedom of speech and freedom after speech. The EU and nations in the EU area have lawyers and reports sent to governments when free speech is attempted. Wait for other nations to try out their blasphemy laws.

      FYI - Switzerland is not part of the EU

  7. Only one word for this by Ol+Olsoc · · Score: 4, Insightful

    Thoughtcrime!

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    The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
    1. Re:Only one word for this by MrL0G1C · · Score: 2

      That's two words, even if you did put them very close together.

      --
      Waterfox - a Firefox fork with legacy extension support, security updates and better privacy by default.
    2. Re:Only one word for this by Ol+Olsoc · · Score: 3, Informative

      That's two words, even if you did put them very close together.

      It is a neologism, from the novel 1984. They combined a lot of different words together.

      The reference is to the concept that having a thought, or an opinion can be a crime.

      And if it is a crime to push the "like" button on a facebook page, it fits thoughtcrime to a T. This crininal must utilize crimestop in the future to rid himself of his illegal thoughts and illegal opinions. Then he will not be guilty of his terrible crimes.

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      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
    3. Re:Only one word for this by Aristos+Mazer · · Score: 3, Insightful

      No. It is a crime because pushing the LIKE button spreads the message. It isn't just that you liked it, it is that you published it to your network. You helped spread a false and defamatory statement. It is not thoughtcrime at all. It is an actual crime of promoting a lie, something that is punishable under US law also. The only thing new here is ruling that the LIKE button is a form of publication ... which it is.

    4. Re:Only one word for this by Ol+Olsoc · · Score: 2

      Not thoughtcrime. Willfully distributing FALSE STATEMENTS. That's a crime in the USA also. The only thing new here is that the court ruled that the LIKE button qualifies as distribution of false statements. This wasn't about opinion. This was about not doing the fact checking before spreading lies.

      Here in the wilds of America, "liking" something on Facebook is considered "free speech"

      https://www.washingtonpost.com...

      It is considered analogous to having a bumper sticker. And make no mistakes, opinions can be wrong, but there is no law against having a stupid or false opinion.

      Now what you are not allowed to do on Facebook here in the hinterlands is threaten physical violence aganst someone - just like anywhere else. Libel laws are also in play. But for the person who actually performs threatening or the libel. Harassment can also be prosecuted, such as the man who "liked" some facebook pages of an ex girlfriend who had a restraining order against him - he was forbidden any and all contact with her, and that's contact that was not allowed him. http://www.nydailynews.com/new... Basically anything that would be a crime or offense outside Facebook works inside Facebook.

      But no, we heathens do not arrest people for having an opinion. We may have some issues, just like Europeans have some serious ones, but we allow people to speak their mind - or press the like button. You might want people fined, jailed or killed for their opinions, but we don't.

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      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
    5. Re:Only one word for this by lgw · · Score: 4, Informative

      . It is an actual crime of promoting a lie, something that is punishable under US law also.

      No, it really isn't. We still have freedom of speech here. Even slander and libel aren't crimes, they are torts. Sure, there are laws governing how the civil case should be handled, if the damaged party cares to bring such a case, but that's different from criminal law.

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      Socialism: a lie told by totalitarians and believed by fools.
  8. Slashdot moderation no more for me by seoras · · Score: 5, Insightful

    I was about to start throwing my weight around in here, moderating up/down, but then I realised I could face legal consequences for endorsing anyones views. :-/

    1. Re:Slashdot moderation no more for me by Areyoukiddingme · · Score: 2

      I was about to start throwing my weight around in here, moderating up/down, but then I realised I could face legal consequences for endorsing anyones views. :-/

      So move out of Switzerland. While not part of the EU, it's still pretty damn trivial to relocate to Germany, especially since you probably speak German as your first language. Most Swiss do. Just don't up-mod any Nazis and you'll be fine.

  9. Read the summary by DogDude · · Score: 2, Informative

    Jeez, dude. Forget about RTFA. How about RTFS: Read The Fucking SUMMARY?
    The court in Zurich found that the man indirectly endorsed and further distributed the comments

    Personally, I like the ruling. Slander is slander. Spreading false bullshit should be a punishable civil offense in the US, too.

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    I don't respond to AC's.
    1. Re:Read the summary by DogDude · · Score: 2, Interesting

      I disagree, AC. By hitting "Like", you're intentionally distributing whatever you "liked" to whoever is in your network. The effect is the same as posting something yourself. I think it's defamation, and again, I agree with this court. I'd love to see that same decision enforced all over the world. It would really make people think twice before spreading all sorts of garbage. And if they didn't think twice, they'd be sued.

      --
      I don't respond to AC's.
    2. Re:Read the summary by HalAtWork · · Score: 4, Interesting

      Then the button needs to be called "Endorse and support" and not "Like," so that it is explicit in its meaning to both the user and the viewer

    3. Re:Read the summary by sconeu · · Score: 3, Insightful

      And if he clicked "angry" or "sad", indicating he didn't like the news, He'd still be "intentionally distributing" it to everyone in his network.

      So even if he disapproved of the post and was angry about it, under your theory, he's still guilty.

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    4. Re:Read the summary by HalAtWork · · Score: 4, Insightful

      That may only be secondary to their intention, Facebook does a lot of weird stuff behind the scenes to create feeds and it's not always explicit as to what is the catalyst, and it may nor be the intention of the person, and may not be understood, that by using that function it will enact some other peripheral 'features'

    5. Re:Read the summary by mean+pun · · Score: 2

      Anything that results in lawsuits whenever people get offended cannot be a good thing.

      Possibly, but I am always amazed that in the US it is possible to publish the most vile and manipulative lies without any consequences. That cannot be a good thing either.

  10. Free Speech and Violence by SeattleLawGuy · · Score: 2

    "Free speech" does not protect things like defamation of character, slander, libel, or inciting violence.

    In the United States, free speech does not protect defamation, whether that defamation is slander or libel (two types of defamation).

    Inciting violence is actually somewhat protected so long as it is not actually likely to occur. The government can ban "incitement to imminent lawless action that is likely to occur" without violating the First Amendment, at least under 1969 Supreme Court precedent that is good law today.

    However, there are a LOT of ins and outs to the law of free speech in the United States. It would take a few hundred pages to start writing it up, because there are a large number of interrelated rules that have evolved in different legal cases over the last century.

    You should obviously consult an attorney if you are in a position where any of this matters seriously to your situation.

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    Real lawyers write in C++
  11. No Constitution = No Rights by LeftCoastThinker · · Score: 2

    And this, boys and girls, is what you get when you don't have a constitution that guarantees free speech. The lefties in the US are trying for the same thing by equating speech they don't like to assault and then rioting http://www.foxnews.com/politic... and beating people in the head with bike locks to shut down speech they disagree with. http://www.nbclosangeles.com/n... Every fascist leftie, piss ant bureaucrat and judge becomes their own little dictator who can shit on you from on high. The only thing stopping this crap in the US is our constitution and enforcement of the rule of law (which apparently doesn't happen in Berkeley, CA...

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    If you disagree, please post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like
  12. Re:Opinion of Death by bug_hunter · · Score: 2

    From the summary (and the article) I interpreted the issue is a person accused somebody else of being racist without proof. So the issue wasn't someone expressing an unpopular opinion and being branded a racist by the courts for it, but a person accusing someone else of being racist. So the opposite of what the OP was complaining about.

    That said in no way do I feel this fine was just or reasonable.

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    It's turtles all the way down.
  13. Uranium One by mpercy · · Score: 2, Interesting

    Bill and Hillary Clinton enriched themselves through shady deals with Russian oligarchs and Russian government, quite possibly using her power as then SecState to enable the deal while she was pocketing millions.

    Even the NY Times described it thusly: "Cash Flowed to Clinton Foundation Amid Russian Uranium Deal"

    "Whether the donations played any role in the approval of the uranium deal is unknown. But the episode underscores the special ethical challenges presented by the Clinton Foundation, headed by a former president who relied heavily on foreign cash to accumulate $250 million in assets even as his wife helped steer American foreign policy as secretary of state, presiding over decisions with the potential to benefit the foundation's donors."

    "Uranium investors' efforts to buy mining assets in Kazakhstan and the United States led to a takeover bid by a Russian state-owned energy company. The investors gave millions to the Clinton Foundation over the same period, while Secretary of State Hillary Rodham Clinton's office was involved with approving the Russian bid.

    SEPTEMBER 2005 Frank Giustra, a Canadian mining financier, wins a major uranium deal in Kazakhstan for his company, UrAsia, days after visiting the country with former President Bill Clinton.

    2006 Mr. Giustra donates $31.3 million to the Clinton Foundation.

    JUNE 2008 Negotations begin for an investment in Uranium One by the Russian atomic energy agency, Rosatom.

    2008-2010 Uranium One and former UrAsia investors make $8.65 million in donations to the Clinton Foundation. Uranium One investors stand to profit on a Rosatom deal.

    2010-2011 Investors give millions more in donations to the Clinton Foundation.

    JUNE 2010 Rosatom seeks majority ownership of Uranium One, pending approval by the Committee on Foreign Investment in the United States, of which the State Department is a member.

    JUNE 29, 2010 Bill Clinton is paid $500,000 for a speech in Moscow by a Russian investment bank with ties to the Kremlin that assigned a buy rating to Uranium One stock.

    OCTOBER 2010 Rosatom's majority ownership approved by Committee on Foreign Investment in the United States.