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This is defamation or not? About the law..

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Ricardo Monteiro

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Here in Brazil a philosopher said in facebook :'' My wishes in 2014: that Rachel hug tight, after being raped, an anteater''
'' My Wish in 2014: that rachel shererazade be raped.''
rachel is a journalist. He deleted the comment and the journalist wants to sue him
He should be prosecuted or not? What says the objectivism for that particular case?
sorry for my bad english ;p
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Whether right or wrong, I doubt that can be defined as defamation. I'm not a lawyer, but I expect that one has to say something false about the other person. At the very least one has to say something that shows the person in a bad light. If something is clearly an opinion, I assume it does not qualify as defamation. 


Some countries have laws against hate speech, but that's different from defamation. Perhaps he is being sued under some such law. Or, perhaps there is more to the story?


Under good laws, there may be a case against such speech in special contexts: if his statement can be reasonably taken as a threat. Otherwise, people ought to have the right to free speech even if it hoping for random tragedies to befall others. 

Edited by softwareNerd
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From the little context available, I don't see there is any real, actionable incitement. Sounds like this is some Christian professor showing his real face. I believe he immediately walked it back by apologizing and suggesting that someone else hacked his account and posted the remarks. True or false, it really takes the air out of any incitement charge. 


All said and done, this professor is reinforcing the idea that religion is evil and resorts to force, while enhancing Rachel's reputation as someone who courageously stands for the truth. 


My guess is: it is probably wrong to sue him for his speech.

Edited by softwareNerd
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I don't think it's a criminal act quite just yet, but it is probable cause for a police investigation and a restraining order.

Neither she, nor the cops, should just dismiss it as harmless. It's not a threat, but it could be a sign that there is a threat. It should be looked into.

P.S. the closest crime this comes to is harassment/stalking. But there would have to be repeated acts like this one, to amount to harassment, and attempts to engage her directly or in person, to be stalking. All things a police investigation should discover, if they're there.

Edited by Nicky
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