Comment on How does South Park get away with trashing identifiable people? Are they sued often?
FuglyDuck@lemmy.world 8 months ago
keep in mind, we’re talking about the show that toppled Scientology.
just, for the record… part of how it’s able to make fun of shit is because they’re usually correct about the stuff they’re mocking.
Saying ‘Biden is a baby-sacrificing pedophile’ is defamation. saying ‘trump is a rapist and a fascist’ is not.
further, both parody and satire are in fact protected speech. at least, for the moment.
PlainSimpleGarak@lemm.ee 8 months ago
IANAL, but I’m pretty sure calling someone a rapist who hasn’t been convicted in a court of law of being a rapist could get you into trouble. Now the fascist part is completely subjective so you could probably get away with it.
FuglyDuck@lemmy.world 8 months ago
Nope. I sincerely believe Trump is a rapist.
That’s not defamation because I have good reason to believe that.
Remember, the presumption of innocence is not a matter of fact- it’s an assumption that dictates procedural principles until it is in fact proven. But, if you rape some one… your a rapist. Period.
PlainSimpleGarak@lemm.ee 8 months ago
Simply believing a thing is true will not protect you from a defamation suit. You have to know he is, not just believe it. I suppose this varies from country to country.
I’m not obsessed with Donald Trump like most people seem to be, so I don’t follow his news much. I don’t have good reason to believe he’s a rapist, and prefer to wait until he’s convicted in a court of law, and would hope others would give me the same benefit of the doubt.
nyctre@lemmy.world 8 months ago
No, the fact that a judge ruled that he raped someone is what protects one from a defamation suit. At that point you’re just quoting the judge
vaultdweller013@sh.itjust.works 8 months ago
According to the defamation lawsuit Trump committed sexual assault. And since common parlance doesnt differentiat between sexual assault and rape you could probably call him a rapist.
FuglyDuck@lemmy.world 8 months ago
And according to the counter suit, carol is allowed to call him a rapist.
Remember, you don’t have to be convicted of rape to be a rapist, you are not innocent and then magically guilty. It is merely a presumption of innocence until proven so, but that’s a procedural thing to prevent the courts from infringing on rights. It has absolutely nothing to do with the true facts of guilt.
It’s not defamation.
PlainSimpleGarak@lemm.ee 8 months ago
All rape is sexual assault, not all sexual assault is rape. Calling all sexual assault rape dilutes the term.