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question about phone records

  • 25-08-2011 9:52pm
    #1
    10101
    Closed Accounts Posts: 2 ✭


    I'm just looking for some info in relation to something like defamation (I'm aware that to be classed as defamation it must be in the form of something published, so it's not exactly defamation then, but I don't know what the correct term would be when it's just verbal..).
    Like if someone is alleging that someone has been contacting them when they have not.
    Maybe they've been receiving calls from an unrecognised number, or something, and guessed incorrectly as to the probable identity of the prank caller, etc. Or text messages.
    The person who is making these allegations would either be knowingly lying, or else just guessing and being wrong, but either way it's still in the category of lying.
    So I'm just wondering if it's possible to easily prove or disprove something like this? And if so then how far back can it go? I don't have much knowledge of legal matters, but I've heard that for example in murder cases calls and texts can be traced to phones when necessary for a murder investigation. Obviously this isn't as serious but if it's possible then I'd like to know how serious a case has to be before these records can be investigated or does it even have to be that serious, can it be done without going so far as taking someone to court?


Comments

  • #2
    blueythebear
    Registered Users, Registered Users 2 Posts: 1,074 ✭✭✭blueythebear


    10101 wrote: »
    I'm just looking for some info in relation to something like defamation (I'm aware that to be classed as defamation it must be in the form of something published, so it's not exactly defamation then, but I don't know what the correct term would be when it's just verbal..).

    Defamation can be verbal. References to publication in defamation law do not mean that it appears in a book or in a paper only. The act states that publication "by any means" will suffice, so if I say in conversation to another person that you are a criminal, then that is defamatory.
    10101 wrote: »
    Like if someone is alleging that someone has been contacting them when they have not.
    Maybe they've been receiving calls from an unrecognised number, or something, and guessed incorrectly as to the probable identity of the prank caller, etc. Or text messages.
    The person who is making these allegations would either be knowingly lying, or else just guessing and being wrong, but either way it's still in the category of lying.
    So I'm just wondering if it's possible to easily prove or disprove something like this? And if so then how far back can it go? I don't have much knowledge of legal matters, but I've heard that for example in murder cases calls and texts can be traced to phones when necessary for a murder investigation. Obviously this isn't as serious but if it's possible then I'd like to know how serious a case has to be before these records can be investigated or does it even have to be that serious, can it be done without going so far as taking someone to court?

    The receiver of the phonecalls should make a complaint to the Gardaí who could access phone records (although apparently this takes a lot of time due to a lack of cooperation from the mobile providers) to trace the caller so as to bring charges of harassment.

    If all parties consented to share phone records, then there is no need for any party to take a civil case. If there is no such consent, then court proceedings would be required for the parties to get the records and then only if the records are relevant to proving either side's case.


  • #3
    10101
    Closed Accounts Posts: 2 ✭10101


    blueythebear wrote: »
    Defamation can be verbal. References to publication in defamation law do not mean that it appears in a book or in a paper only. The act states that publication "by any means" will suffice, so if I say in conversation to another person that you are a criminal, then that is defamatory.
    Thank you for explaining this, I'd no idea it could be verbal. Being realistic I suppose the majority of conversations would not have legal implications as they are informal by nature.

    But let's say the person has mentioned something untruthful to someone who the alleged perpretator has a business relationship with, in a business setting(not casual conversation), thereby damaging this person's reputation and having implications for their future. What are the person's rights in this case? Can they go to the gardai, for example? Would this be advisable? If phone records can be accessed to ascertain the movements of someone who was in fact harrassing someone, can they be accessed to disprove allegations made against someone too?


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