Submitted by Gene Howington, Guest Blogger
Is an opinion defamation? Is it defamation if it is worn on a t-shirt? Is it defamation if you post a picture of yourself wearing said t-shirt on Facebook? Is the manufacturer liable for civil damages a purchaser of their t-shirt incurred since they wrote the content later found defamatory? An unusual case in Spain raises these questions and more.
A woman in Madrid, Spain is certainly perplexed by a court ruling that found her guilty of a “dignitary tort”. She was sentenced and initially ordered to pay 2,000 euros ( ≈ $2640) in damages and a 240 euro-fine ( ≈ $317), but the court later reduced the damages on appeal to 1,000 euros ( ≈ $1320) and eight days of house arrest in lieu of the fine. Adding insult to injury, the claimant – her ex-husband – asked that the damages be paid in installments to supplement his 700 euro per month income ( ≈ $924 per month).
This is a cause of action here is one we do not have an exact analogy for in the United States, but defamation is close. Historically, the primary dignitary torts recognized in English and subsequently American law are battery, assault, and false imprisonment. These torts still exist under modern American tort law, but they also have criminal law counterparts because they contain elements of violence. Under modern jurisprudence, the term dignitary torts is more closely associated with defamation (slander and libel), false light, intentional infliction of emotional distress, invasion of privacy, and alienation of affections. In some jurisdictions, the use of the phrase “dignitary torts” is limited to those torts which do not require the threat of or actual physical injury. What was required in the present Spanish case was that the statement in question insulted someone’s dignity and effectively damaged that person’s reputation.
What did this woman do to merit this punishment? She posted a picture of herself to Facebook wearing a t-shirt with a slogan on it. Her boyfriend bought it for her while they were on vacation. It’s the kind of “gag t-shirt” commonly sold around the world. What did the shirt say that was so offensive? I’ll tell you below the fold.
Continue reading “Dirty T-Shirt Defamation” →
We have previously discussed Afghan President Hamid Karzai stated inclinations toward the Taliban and harsh treatment of women. Karzai now appears to be moving more aggressively to this Sharia-based vision for women — a vision that expressly devalues their worth and endorses beatings by their husbands. This week, Karzai endorsed an edict from the Afghan Ulema Council — Afghanistan’s highest Islamic authority — that women are worth less than men and supporting “Sharia-compliant” beatings of women. That is the model government that we have created with the loss of both our men and women as well as hundreds of billions of dollars. We are still spending billions on the country as it embraces the Taliban and harsh Sharia principles.
