Hey ARMY, we’re seeing a lot of angry and upset tweets at the publication released, so let’s talk about what defamation actually is. Keep in mind this is not legal advice! If you need legal advice, please engage your own attorney. Our tweets are FYI only. A THREAD! 1/20
The fine details of defamation law change from country to country; this thread explains defamation in a common law context, meaning, in a legal system originally based on English law. We will comment from a North American POV, since it was published by a US magazine. 2/20
Defamation occurs when a person’s words cause harm to another person’s reputation or their career. It includes slander, where the defamation is spoken, and libel, where the defamation is printed or published. 3/20
Defamation law exists to provide a balance between free speech and a person’s right not to have their life or their livelihood ruined by a lie. 4/20
In order for a statement to be considered defamation, it must be false. A statement can express an opinion you don’t agree with. It can be condescending or mean. But most opinions will not be considered defamation, as they cannot be proved false. 5/20
They are someone’s point of view, no matter how much you disagree with it. 6/20
The next hurdle is that a person must prove that the statement caused some injury. That they lost work, were harassed as a result, or were shunned by family and friends.
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Finally, a successful defamation suit needs to prove that the author of the offensive statement made the statement without doing adequate research into whether it was truthful. 8/20
There are special additional considerations that must be considered when a public figure who is influential or famous wants to claim defamation. 9/20
A public figure has to prove actual malice on the part of the author of the statement. This means an actual intention to publish something untrue for the express purpose of damaging someone. 10/20
Ignorance is not malice. 11/20
Additionally, you cannot bring a defamation suit on behalf of another person. ARMY cannot file a defamation lawsuit with regards to something published about BTS, because it is BTS who has allegedly suffered the injury. 12/20
So, while legal action isn’t a viable option, ARMY can make their voices heard. 13/20
If you do choose to speak out, we encourage you to do so in a courteous, professional way. Write a letter to the editor. Send an email to the publisher (tweets, even ones that disagree with their content, will help their engagement, so try to avoid this). 14/20
Don’t personally attack an author, don’t insult, and take a minute to think about why you are upset so you can articulate that persuasively and effectively. 15/20
Declining to engage is also a great tactic. Not giving a post the views, clicks and responses that an author or publisher was hoping it would receive will affect their bottom line. 16/20
Think about the consequences of your anger and how it affects BTS. If every time they write about BTS, media has to think about being attacked by thousands of ARMY who may not agree with their publication, how many outlets are going to want to continue to write about them? 17/20
ARMY behaviour will become the story rather than BTS’ achievements. Or worse - they won’t write about BTS at all because the threat of ARMY backlash is too much to handle. 18/20
You know what they say - with great power comes great responsibility. We have a responsibility to react professionally and with courtesy to media coverage we disagree with, just as the boys would. We are their representatives. 19/20
Today, we hope you’ll express your disagreement with THAT ARTICLE in a classy, constructive way, the way the members themselves would. Keep calm, vote and stream on! #PCAs#TheGroup#BTS 20/20
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We're not entirely sure what you mean by "report".
If you mean why they don't bring lawsuits against people in other countries, that's a very complicated issue because it would depend on the laws in each specific country.
For example, many countries require the parties to be present in court or to testify, which would mean the victim (one of the members) would have to go to that country and possibly be there for month while the trial is happening.
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Also, any type of threats or defamation conducted online has additional challenges because to sue someone you have to know who they are and countries have different laws that protect that info and make it difficult for individuals to find out the real name of their defamer.
In countries with a common law legal system (such as the US and Canada), there are generally three types of homicide charges, manslaughter, 2nd-degree murder or 1st-degree murder. In some states, there is also 3rd-degree murder.
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*In this thread, we will be referencing general laws as well as those from Minnesota specifically. However, please be aware that there are variations in these laws depending on the state or country in which the alleged crime occurred.
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Manslaughter is generally when a person acts in a way that causes the death of another person without the intention to cause death.