No it isn't. You can have an opinion on it, and you can voice that opinion. But if you state it as a fact you invite consequences. Had Spurling started with "in my opinion" or "I question whether" then she'd have been rather safer.
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Replying to @paul_smortions @Azuaron and
That's not what the honest opinion exemption says, at all
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Replying to @arthur_affect @Azuaron and
What can I tell you, that's how it works in practice. There's an old episode of HIGNFY where they start almost every sentence with allegedly to make the point.
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Replying to @paul_smortions @Azuaron and
In practice if a billionaire really really wants to sue you for libel in the UK they get whatever they want That's kind of the whole issue
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Replying to @arthur_affect @Azuaron and
Ridiculous. UK courts are nothing like the US version.
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Replying to @paul_smortions @Azuaron and
Uh... yeah, they aren't, in that they are notoriously favorable to the plaintiff in a defamation suit
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Replying to @arthur_affect @paul_smortions and
The hilarious thing about TERFs as a class of people is you always get to this English chauvinism shit eventually Libel tourism from vexatious litigators seeking out UK courts for SLAPPs is notorious, it's one of the most frequently discussed aspects of UK law
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Replying to @arthur_affect
(it was reformed a few years ago with an Act of Parliament that only applies to incidents after it was passed. I don't know if it reformed things enough though)
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In practice it seems like it has not, as we can clearly see with recent events Putting the burden of proof on the defendant remains a terrible, terrible idea
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Replying to @arthur_affect
AIUI the 2013 Act puts some of the burden on the claimant at least
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Replying to @hikari_no_yume @arthur_affect
aiui (and i'm not a lawyer) the claimant has to prove that their reputation was actually harmed, but the defendant still has to prove that the statement was true (it's presumed false).
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End of conversation
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