Is it libel if I reasonably believed it to be true? Suppose I'm a major newspaper journalist. A rape occurs, and the police arrest the suspect. Bucking all journalistic trends, I run a story with the headline, &quot;Rapist CAUGHT,&quot; not &quot;Alleged Rapist Caught.&quot; As time goes on, it is eventually proven that the &quot;rapist&quot; did not actually commit the act, and I or a fellow journalist promptly retract my previous statement. In the first article, did I commit libel? Does it matter whether or not I had reason to believe what I published was accurate?
What you reasonably believed to be true about the guilt of the rapist is moot; you could argue that you reasonably believed he was guilty, but you'll probably have to admit you didn't have the facts of the case to make a final judgement about guilt. That's what libel is: the stating of provably false facts. But mostly the problem will be that you didn't know the difference between an arrest and a conviction. People are arrested under suspicion of a crime when there is reason to believe valid evidence exists that they committed the crime, or that the evidence already exists. If it turns out that the evidence doesn't exist, the prosecutor won't prosecute, and the arrested person is released, and their arrest record expunged in some cases. And, yes, chances are very good the paper will have to print a retraction, due to a lawsuit or insistence of their own legal department. But any news or copy editor is going to add &quot;alleged&quot; to any such &quot;the criminal is caught&quot; headline, because that's one of the jobs of an editor or copy editor: to try and keep the paper from being sued for defamation by the named person who turns out to be innocent. So that libelous headline wording is rarely going to appear in print, anyway. And if you're only a journalist, you're not going to be writing the headlines; editors and copy editors do that. The separation of the writing of the article and the headline is traditional in journalism, and one of the reasons is above. If you in fact run your own paper or website and are the reporter and editor, good luck: that you didn't know the difference between an arrest and a conviction is probably the plea you're going to make to the jury or judge when you get sued for defamation and you're really hoping the civil court judgement doesn't financially destroy you.
It might or it might not be fraud. The outcome will depend on how the facts and evidence are interpreted at trial. A more general version of this question is: If two parties discuss and orally agree to X; then sign a contract that states they agree to Y, what are the parties bound to? X? Y? Or something else? In your version, X is a fraudulent statement. And Y is an obfuscated writing. One party will argue fraud. The other will argue not fraud on the basis that all the facts were disclosed in writing. The party alleging fraud will carry the burden of proof. The standard of proof will be preponderance of evidence (more than 50%). Generally speaking, written evidence outweighs oral evidence if not accompanied by substantiating facts. Substantiating facts could be: emails or other written correspondence, a prior history or pattern of making false claims to others regarding this investment, the respective behavior of the parties after the agreement was made or anything else that corroborates the oral testimony presented at trial.
Being misunderstood is not a crime. You could concoct scenarios where any number of statements could be a crime if interpreted unfairly. "I went to Georgia last weekend." "I choose to believe you mean the country instead of the state, and you don't have a passport, therefore you admitted that you went to a foreign country illegally!" The police would be free to investigate, but they wouldn't be able to get a warrant or arrest him based just on an ambiguous statement, let alone obtain a conviction. Of course, if the younger sister decided to accuse him, and the older sister decided to lie about having a relationship with him, that puts the statement in a whole other context - but if someone is falsely accusing you and someone else corroborates their story, you're probably in trouble no matter how exactly that came about.
We don't have enough facts to know. What Bob said about having violated the injunction, which could expose him to criminal contempt of court liability, was not true. But, the precise details of what he said, to whom he said it, and his relationship to the case, are not clear. Saying something that isn't true isn't always against the law, and even when it is against the law, the consequences depend upon the context. An intentionally false statement of fact to a police officer or to the court under oath would probably be a crime (but, unlike U.S. practice, criminal defendants who testify are not generally required to testify under oath). An unintentionally false statement of fact to the same persons (e.g. because Bob misheard the question or was drunk at the time and assumed that the statement of fact he was making was true or had dementia) would probably not have legal consequences for him. A mere confession - I am guilty of violating the civil injunction - would probably not be perjury or fraud because guilt of a civil injunction includes opinions and legal conclusions which are not actionable, as well as implied statements of fact, which might be actionable. But, if he confessed in the form of a plea, there probably wouldn't have been a trial at all. Once he made his plea, his factual guilty or innocence might be irrelevant in the face of a judicial admission. Courts can sometimes sanction parties to lawsuits for wasting everyone's time under quite specific circumstances, but we don't know precisely what relationship Bob has to the case in which the injunction was entered.
Sure Obama can sue Trump for defamation. Libel is a civil offense and committing libel is not a part of Trump's role as president. Regarding official acts, the President is immune. But not for personal acts. See Is the US President immune from civil lawsuits? But a libel action would be difficult to win; they're both public figures, which makes the defamation threshold higher: Public officials and figures have a harder time proving defamation. The public has a right to criticize the people who govern them, so the least protection from defamation is given to public officials. When officials are accused of something that involves their behavior in office, they have to prove all of the above elements of defamation and they must also prove that the defendant acted with "actual malice." Defamation Law Made Simple | Nolo.com The "actual malice" part is interesting: In the landmark 1964 case of New York Times v. Sullivan, the U.S. Supreme Court .... acknowledged that in public discussions -- especially about public figures like politicians -- mistakes can be made. If those mistakes are "honestly made," the Court said, they should be protected from defamation actions. The court made a rule that public officials could sue for statements made about their public conduct only if the statements were made with "actual malice." "Actual malice" means that the person who made the statement knew it wasn't true, or didn't care whether it was true or not and was reckless with the truth -- for example, when someone has doubts about the truth of a statement but does not bother to check further before publishing it. (same link above) Could malice be proved? Was Trump reckless with the truth? Could be. But would Obama sue? What's the cost/benefit analysis to him and his legacy, politically and personally? Trump was taking a political or personal risk - or he's being stupid - with such accusations, since he may feel invulnerable. He has sued and been sued and settled many times: see Legal affairs of Donald Trump I think both would not want to be in court; because once in court, they (and their lawyers) both have subpoena power and both would have to answer nearly any question put to them about their public (and possibly private; but not official) lives. Trump has interestingly enough talked about "opening up the libel laws" so he can more easily sue people. But if he did that, it cuts both ways: he would be easier to take to court. See Can Libel Laws Be Changed Under Trump? In my opinion, Obama is much better off ignoring Trump and letting the FBI, DOJ, Congress and the Intel Community do their jobs - have the facts fall where they may - and and not become a right-wing talk radio subject for the rest of his life, as well as risk being deposed himself in court. Edit 3/21/17: From a timely piece in The New Yorker: http://www.newyorker.com/news/news-desk/how-the-first-amendment-applies-to-trumps-presidency While it is unlikely that former President Barack Obama would sue Trump for libel, he very likely has a strong case. The First Amendment scholar Geoffrey Stone wrote in the Chicago Sun-Times http://chicago.suntimes.com/opinion/opinion-trump-could-lose-lawsuit-for-libeling-obama/ that “there seems no doubt that Trump’s statement was false, defamatory, and at the very least made with reckless disregard for the truth.” That is the test for damaging the reputation of a public figure or official: Trump either made his assertions with knowledge of their falsity or with disregard of a high degree of probability that they were false. Obama, Stone is confident, could prove that Trump made his false charge, as the Supreme Court defined the standard, with “actual malice.”
Can I sue someone for publicly calling me a sex offender if I'm not one? Yes. However, in this particular case you need to take a preliminary step regardless of your jurisdiction, which I assume is somewhere in the U.S. Prior to filing any complaint (and I will repeat this below), it is in your best interest that you demand a retraction and removal of the defamatory falsehood. Be sure to show the prospective defendant(s) some proof that supports your pre-suit demand. You need to secure your ability to prove in court that you made that demand. For that reason, your requests should be in writing (email, and certified mail if practicable). If it is not by email, you should have the addressee at least sign a receipt copy of your demand letter. A demand of retraction is prerequisite in jurisdictions such as Texas and Florida. If you [or your lawyer] omit that step, the court will easily dismiss your complaint altogether. In other jurisdictions, such as Michigan, the request of retraction is a requirement only if you intend to pursue exemplary and punitive damages. See MCL 600.2911(2)(b). Regardless of the jurisdiction, your request or demand to each prospective defendant needs to be made prior to filing the corresponding complaint/pleadings in court. Even if your jurisdiction does not have that prerequisite, failing to request a retraction and removal of the defamatory falsehoods would allow the defendant to justify itself and/or obtain leniency on the basis that it was not aware that the registry information turned out to be disproved/inaccurate. In your complaint(s), you will pursue injunctive relief that consists of ordering the removal [from each website or post] of the defamatory falsehoods. It is also reasonable for you to also ask for monetary relief. You certainly have a claim of defamation per se, but a ruling granting you an award of substantive damages is doubtful unless the defendant refuses --or neglects-- to remove the inaccurate records. If the website owners/authors promptly remove the false records, it is going to be difficult or impossible to prove actual malice: that is, that they published the falsehoods (1) despite knowing them to be false, or (2) with reckless disregard of their truth. Without the ability to prove actual malice or that you suffered special damages (whether it is a loss of employment or other economic damages), the court would only grant you nominal damages, which is the negligible amount of one dollar. Lastly, beware that even the granting of injunctive relief might be ineffective. I [vaguely] recall a case where federal court ordered a removal from sex offender registry, but apparently the defendant ignored the order. I have no idea how much the plaintiff's lawyer charged him for the futile representation, but the last time I checked neither the problem was fixed nor did it appear that the attorney pushed any further to ensure compliance with the order. I will not disclose the name of the lawyer, since that would facilitate the unintended consequence of identifying the defamed plaintiff.
The defense lawyer has the duty to do the best for his client. The client will be convicted if he or she is guilty beyond reasonable doubt. If the lawyer can create a reasonable doubt and manages to free his client then he has done a good job. So yes, if the lawyer knows that some other person might have committed the crime, to the degree that it creates reasonable doubt, then the lawyer must raise this. Of course if it turns out that there is just some phantasist making wild accusations, that might not be helpful.
Not all illegal things are crimes. Lack of evidence. They are asked to testify, and they say "what I said in my book was a lie". There is no general law against lying, except when under oath. Statute of limitations. Saying "10 years ago I did smoke drugs" means that any offence is no longer prosecutable. Lack of details. Which jurisdiction were they in? When did they commit the act, how many acts? You cannot be arrested for being a "bank robber" or a "murderer". You are charged with "robbing Bank X on 123 Fake Street the Thursday 25 April 2018" or "murdering Jim Thio in January 2017". Otherwise the defendant would have a hard time defending himself (how to prove that you have not killed anyone at any time?) All of the above combined with prosecutorial discretion in the form that any possible prosecutor will most likely determine that bringing charges would be just a waste of time and resources. UPDATE February 2018: Just for the sake of completeness, a reference to the situation of Jacques Cassandri, who did boast about a serious crime(a robbery in a Societe Generale vault in 1976) in a book. Unfortunately for him, he made some kind of mistake/miscalculation and the crime had not yet expired, so he has become an example of someone being prosecuted by confessing a crime in a book.