Brad Pitt: Before and After Shave

FOR SARAICITA: thought I’d bring my comments over to the new thread:

341
lylian Says:
May 17th, 2007 at 9:19 pm - flag comment
134
saraicita Says:
May 17th, 2007 at 12:47 pm - flag comment
Saraicita, you can google on libel/slander and click on Wikipedia’s explanation. It is actually very very good. It compares UK and US law. However, there is not much mention of Spanish law. Not sure if spanish law is based on the Napoleonic Code or not.
I’m also a lawyer and I wrote a rather long piece about why paid trolls probably do exist and why the threat of a law suit isn’t gonna be enough to put off publicists and tablies from PAYING trolls to make comments in an old thread.
Here it is:)
OK first, I’m here to say, no more responding to the trolls because I’m convinced there are paid trolls here paid either by publicists or tablies. Why??
I read the “article” from US magazine about the alleged lap dancing Angelina did with an old friend, Olivier and thought of our old friend ‘interesting” (and oxymoronic moniker for her, don’t you think??). My first thoughts were, this poster’s used the words “baby sitting, doing the wrong thing by Brad, etc etc.” Remember those? Then lo and behold, out pops an article on US weakly about exactly this topic using exactly the same words, with exactly the same sentiments. Call me lainey but “Coincidence or conspiracy?? Which is it, you decide”. I’m on the conspiracy side.
I came to this conclusion after doing some research. I read the comments from 2 sources in an older thread with interest. One from Sheri about how Huvane would not hire people to post on sites because of the legal risks of being sued for slander or libel. Because Sheri works for a large media company, I did pause to rethink my opinion that Huvane pays trolls. The other poster had found information on astroturfing and people that offer services to influence opinions and perceptions on the net.
Whether these trolls are paid for by Huvane or paid for by these disgusting tablies I don’t know. But I’m absolutely certain there are paid trolls are astroturfing on Just Jared. I don’t think its just the case of the tablies coming to JJ’s boards to get ideas, but its tablies coming to JJ’s boards to seed ideas, to influence opinions and perceptions. And so, I don’t believe interesting was sentient as much as she is a paid troll.
Sheri, I’d love to hear your comments on what I have to say coz you do work in the media industry and I dont. I have no experience in the laws of slander and libel. However, I think I have enough legal expertise to draw some general conclusions about libel and slander laws in the US and UK.
It seems the laws of slander and libel in the US requires that the writer not only write what is untrue but must also have done so with Actual Malice. (Wikipedia: This changed with the landmark 1964 case of New York Times v. Sullivan, in which the Supreme Court of the United States announced constitutional restrictions to state defamation law. The court held that where a public official was defamed, the plaintiff had to prove not just that an untruthful statement was made, but also that it was made with “actual malice” - that is, with knowledge of falsity or with reckless disregard for the truth.) Also, OPINIONS can be a defence against an action for libel and slander in the US in certain situations:
(wikipedia: Finally, the term opinion comes up again in tort law, specifically defamation / libel law, and separates statements into three classes:
-1. statements of opinion or pure opinion (not actionable)
-1. mixed statements of opinion and fact (actionable)
-1. statements of fact (actionable)
In order to win damages in a libel case, the plaintiff must show that the statements were first “statements of fact or mixed statements of opinion and fact” and second that these statements were false. Conversely, typical defenses to libel are that the statements made are opinion or that the statements (if factual) are true. One of the major tests to distinguish whether a statement is fact or opinion is whether the statement can be proven true or false in a court of law. If the statement can be proven true or false, then, on that basis, the case will be heard by a jury to determine whether it is true or false. If the statement can not be proven true or false, the court may dismiss the libel case without it ever going to a jury to find facts in the case.”)
The problem for someone to prove defamation in the US is very very difficult because they have to prove ACTUAL MALICE as defined above.
Take the US weakly story about Angelina dancing with Olivier. Angelina probably did dance with Olivier. She probably danced sexily with him and all her friends who were with her that night. Christ, I’m in my 40s and I dance sexily when my friends and I decide to paint the town red with my friends – especially with my friends because I feel safe with them. So, US Weakly would say that as a matter of fact, Angelina did dance with Olivier and there was no falsity or reckless disregard for the truth.
“Articles” of them breaking up would be based on some photos showing them looking “unhappy” (as opposed to just focused and serious) and having an opinion that they are upset with each other and may be at the verge of breaking up. How can anyone, ever prove that this statement was made by Janice Mean with knowledge of falsity or reckless disregard for the truth? With great difficulty. Meanie would just argue she thought it could be true because after all, this is Hollywood and people break up, often and regularly.
US weakly’s suggestion that she was flirting with Olivier as she danced with him is an opinion based on facts. But the facts are true and the opinion is arguably, an opinion of how Angelina looked when she was dancing to the unnamed source. Janice Mean knows what she is doing when she edited the ‘article”. She knew that US weakly cant be sued, because she is merely wrote an opinion based on certain facts and writing it down using a certain tone. This is what spin is about. A clever spinner never needs to ACTUALLY LIE to TELL A LIE. He or she merely needs to know what tone to use, what facts to emphasise, what to leave out. So Janice Mean probably conveniently left out some other truths – how long did Angelina dance with Olivier, did she also dance with other people? How many people were there on the dance floor?? And so on.
UK law however, appears to provide that a person may successfully be sued for libel and slander if the statements he makes are untrue and can cause direct damage to the person – usually of the financial nature (UK and other commonwealth countries do not have punitive or compensatory damages and financial loss must be calculable). (wikipedia: English law allows actions for libel to be brought in the High Court for any published statements which are alleged to defame a named or identifiable individual or individuals in a manner which causes them loss in their trade or profession, or causes a reasonable person to think worse of him, her or them.)
Hence, Reese could sue in the UK, about her being pregnant on the basis that it harmed her career – no one would want to hire her for the next 12 months if she were pregnant. Marc and JLo did the same based on harm to their brand. But Reese would not succeed in the US because the tablie can produce photos of her potbelly and say that that looks like early pregnancy and so, there was no reckless disregard for the truth or knowledge of falsity – even if there was no knowledge of the truth. See what I mean??
But someone like Alexa Ray (billy joel’s and Christie brinkley’s daughter cannot sue either under the UK law or US law because expressing whether someone is ugly or not, is a matter of pure opinion and though truly offensive, is protected by freedom of speech.
Now on the matter of paid trolls – whether paid for by the publicist or the tablie.
Sheri’s point was that Huvane or anyone in the industry wouldn’t hire paid trolls to write lies on the internet is legitimate because of the legal risks. She is correct if a person or tablie hired someone to write LIES. However, what if a paid troll DOESN’T LIE?? I think if a paid troll takes proper precautions, I would say, that the LEGAL risks are negligible for publicist or for a tablie.
First, how can a paid troll be caught? Who will know whether someone is a paid troll? Not even the owners of the blog. So someone comes repeatedly on line to attack Angelina and praise Jen. She’s just an obsessed fan. So what?? Who is going to trace the IP address of a paid troll if she hasn’t committed a crime?? Sophisticated tracing mechanisms exist, but is used to catch criminals. People who write and spread viruses, Trojan horses. Terrorists etc.. These tracing and surveillance mechanisms are not available to track an astroturfer.
Second, even if a paid troll is caught, what are her LEGAL risks of being sued for libel or slander?? So long as a paid troll doesn’t LIE, there is, in my humble opinion, little legal risks. The paid troll can agree with another hater’s comment – a genuine hater to inflame the situation. The paid troll can give her opinion about Angelina’s behavior – she is smiling at Wyclef and so, I think she’s disrespectful of Brad who in my opinion is being over shadowed. The paid troll can even say that they believe the tablies and the tablies opinion – Angelina danced with Olivier and she was sexy and in their opinion, flirtatious and there fore cheating (or about to cheat) on Brad who in their opinion is being emasculated because he isn’t with his woman but baby sitting the children, something real men (like KFed, wouldn’t do). So long as they aren’t lying, just commentating on published “information” I don’t believe the legal risks are that great. And a paid troll doesn’t have to lie. They are there to create misinformation, to influence perceptions and opinions. In fact, it is better for a paid troll not to lie but to keep the desired spin going on and on and on. (The best lies are based on truths).
The greatest risk should a publicist’s or tablies’ astroturfing be leaked out would be that he and his clients or the tablie loses credibility and become the laughing stocks of the media world.
So, the last few threads posts from a certain person was NO interesting coincidence but an ugly conspiracy. All the more reasons NOT to respond to the trolls at all.

And this one too☺

352
lylian Says:
May 17th, 2007 at 9:28 pm - flag comment
Please stop already about all this idolisation and worship stuff. It just gets me hot under the collar.
Everytime some says, IDOLISE and WORSHIP, I imagine that Brad and Angelina engaged in mutual worship. Like when Brad is on his knees down on Angelina, a most worshipful pose, wouldn’t you say? And Angelina moans softly, “oh God, Brad… oh my god, Brad, Brad.. please, please, oh my God, Brad.. please pleeeaase, ……..”
LOL those IDOLATORS!!!!

I love Brad either way and I am certain Angie agrees.

With the goatee, he looks distinguish. Handsome gentle man.

Without the goatee, he looks younger. Much younger than his age.

Lylian -

I also notice that some of words and phrases which I have seen in justjared’s thread also appear in the magazines .

I see this quite often in Star mag. In fact, Star mag printed a toll free number for anyone to call for tips and be compensated.

About suing, I remember Catherine Zeta Jones used to sue every British tabloids in the british court, the 1st couple years after she got married. May be that exaplain why , nowadays, very few tab dare write anything about her. may be they think it’s not worth the trouble of going to court all the time

Mmmmm, I love the whiskers. He could rub those up on me, ANYTIME and ANYWHERE.

Sorry for the double post. My PC is acting up

Who cares about the whiskers as long as he continues to wear that stupid hat everywhere he goes?

I like him either way. He looks hot to me whether clean shaven or not. I just can’t wait to see them on the Red Carpet in Cannes whether walking in together or not.

6
animatrix Says:

May 17th, 2007 at 9:51 pm - flag comment
Brads looks so good!!

I was watching “Access Hollywood” and they were at the Maxim’s 100 Hot List party and they interviewed Avril Lavigne there in the party and they ask her who deserve to be #1 in the Maxim’s 100 Hot List and Avril Lavigne say that ANGELINA JOLIE deserve to be #1!!!!

Okey, i like Avril Lavigne now!!!!!!!

___________________

Add Avril to the list!!! :-) I like her now too!!

….and YAY, on the goatee, a Mack Daddy needs a little facial hair, right dina??!! lol
:-)

38
sleepy Says:

May 17th, 2007 at 10:47 pm - flag comment

Johnny Deep he can have the coolest actor like as cool as North Pole …now PAPA Pitt always sizzlingggg HOT!!

i’d say yay!!! love Brad upside down n inside out, aycaramba……..

He look hot in goatie or clean shaven. but anyway, Brad is hot , he look good in anything !!!!!!!!!!!