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Defamatory to be called Transgender or Homphobic?

JCreaghy

I know in today's society it can't be considered defamatory to be called homosexual, however would this be the same for being called transgender and if not, could it be considrered defamatory to be called homophobic?

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Victor

JCreaghy wrote: »

I know in today's society it can't be considered defamatory to be called homosexual, however would this be the same for being called transgender and if not, could it be considrered defamatory to be called homophobic?

Historically, it was the case that such a claim that someone was homosexual could be defamatory. However, I would think such a case today would very much depend on the facts, e.g. is the person's standing in their community or professional life central to them not being homosexual, transgender or homophobic?

There may of course be the matter of criminal charges for abusive conduct.

cml387

RTE paid out money to the Iona institute and John Waters after Panti accused them of homophobia on air, it never went to court though.

lifeandtimes

Interesting.

There's a thread regarding online/social media freedom of speech.

If one was to be called or accused of being transphobic would a case of defamation be possible?

I'd say so only if it could be proved it had a negative effect on your life/work etc

Peregrinus

The question is whether being called "transphobic" would tend to lower you in the estimation of the average man or woman in the street.

If the answer is "yes", then you have the makings of an action for defamation.

Of course, you'd need to know a lot more before you could say whether the action might succeed. Was there anything in the context or circumstances which would mean that the comment wouldn't be taken seriously? Would the person who made the comment have a valid defence? Etc, etc.

But, on the face of it, to accuse someone of transphobia ("Fear or hatred of transsexual or transgender people") does look defamatory, yes. Fear and hatred are negative things, and if somebody calls you a transphobe they are imputing negative and harmful characteristics to you.

Mr. Incognito

There is case law on this from 94 or there abouts when a paper tried to refer to a reference as "Gay" meaning joyful or Jolly.

They didnt succeed.

It's actionable as defamation unless truth can be relied upon.

touts

I think people throw around the accusation that someone is xxxxphobic far too easily mainly because they see it as an label that will stick just by making it. It is in theory at least quite a harsh weapon to use against someone. It has become a form of bullying by those who see themselves as victims of bullying. A sort of mutually assured destruction if you like. But the end result of this over use is that while an accusation still sticks it is debatable if it is enough anymore to cause serious hurt to the reputation of the individual.

Victor

Mr. Incognito wrote: »

There is case law on this from 94 or there abouts when a paper tried to refer to a reference as "Gay" meaning joyful or Jolly.

They didnt succeed.

It's actionable as defamation unless truth can be relied upon.

The law changed around that time, so it might be precarious to rely on such a judgement.

Peregrinus

Whether calling someone "gay", or alternatively "homophobic", will tend to lower them in the eyes of ordinary people is, in the end, something that will be decided, well, by a jury of ordinary people. There's no written law to the effect that any particular term is or is not defamatory, and while past cases do have precedential value community standards are changing all the time. In the not-too-distant past it certainly would have been defamatory to accuse someone of being a homosexual, but not to accuse him of hating and fearing homosexuals; now, the reverse might well be the case.

Much is going to depend on context. If I say that, say, David Norris is gay, that's not defamatory; how could it possibly lower him in the eyes of ordinary people, who are already fully aware that he is gay? But if I said the same thing about, say, a politician who (a) was married to a woman, and (b) campaigned against equal marriage and LBGT rights, there would be imputations of hypocrisy and dishonesty in the accusation; it would probably be defamatory and I had better be in a position to prove that it was justified.