can one be defamed by text

JJJJNR

Hi,

I'd like to know if a text message is legally binding,

If person 1 was to text something about person 3 to person 2, and person 2 sent the message or showed the message to person 3, would person 1 be legally held responsible for the content of that message.

Jev/N

Your question is slightly confusing... are you trying to ask whether it is possible to defame someone in a text message?

partyguinness

If it contained defamatory statement..then Yes more than likely.

But it really depends on the context and what exactly was meant to be "legally binding". You really need to clarify the contents.

hullaballoo

It depends on the context and what's said in the message.

If it's defamatory, then person 3 would have a cause of action but would only get nominal damages if only one other person had seen the message. That's only if he could prove the other person had seen it, as well.

If it's contract, it might be evidence of the contract but again, it depends what's said.

More detail would be helpful here.

JJJJNR

For example if person 1 said that person 3 was accused of stealing 3 apples to person 2.

Person 3 had already told person 1 that they were being accused of stealing the apples would what person 1 told person 2 be regarded as defamatory.

nuac

In contract, why not.

See athe old cases about the new fangled telegraph the century before last - the telegraph system was reallly the first internet. Older legal libraries contained code books with code words for all sorts of comercial/legal messages. "Kimes" was one of those codes.

Postcards were also widely used - often there was same day delivery in cities and larger towns.

Jev/N

nuac wrote: »

In contract, why not.

See athe old cases about the new fangled telegraph the century before last - the telegraph system was reallly the first internet. Older legal libraries contained code books with code words for all sorts of comercial/legal messages. "Kimes" was one of those codes.

Postcards were also widely used - often there was same day delivery in cities and larger towns.

The OP isn't on about contract law, I think the phrase "legally binding" wasn't intended to be interpreted in the contractual sense, rather whether one can be defamed by text

To answer the question, you can be defamed by text, as it is covered under the 2009 Act ("electronic communication") but the issue is how many people, other than the recipient, have viewed the text AFAIK

hullaballoo

Jev/N wrote: »

To answer the question, you can be defamed by text, as it is covered under the 2009 Act ("electronic communication") but the issue is how many people, other than the recipient, have viewed the text AFAIK

I'm open to correction on this but the 2009 Act hasn't been commenced yet. That said, there's no reason to say that an SMS wouldn't be covered by defamation law anyway.

Again though, the important thing is that whilst it's actionable in theory, in practice, it's a non-runner afaics.

JJJJNR

So if the text message was seen by person 2 only what would happen.

Jev/N

JJJJNR wrote: »

So if the text message was seen by person 2 only what would happen.

Nothing, I would imagine

edit: Sorry I'm hungover due to yesterday so I'm not thinking straight! If you're using your example, nothing could ever happen as it's a statement of fact so defamation doesn't really come into it?

Tom Young

hullaballoo wrote: »

Again though, the important thing is that whilst it's actionable in theory, in practice, it's a non-runner afaics.

I'd agree with this logic. There is a publication deficit which would not tend to lower the subject of the defamation in they eyes of the public, but might lower the subject of the defamtion in the eyes of the recipient of the sms, who in turn might go on to repeat it in other media or mediums.

Now, if it was boradcast and re-published in print format - I'm thinking 'Katy French (RIP)' type of thing well perhaps then it could be actionable [I don't suggest that the dead can be defamed, I merely use it as a contemporaneuous example of newspapers re-publishing sms, as was the case in one of the Sunday papers yesterday].

Tom