Media English
Suing for Libel
指導老師:黃大夫
班級:夜二技應英四甲
組員:696C0009 蔡依倫
696C0010 蔡定樺
696C0014 陳佩誼
696C0020 陳秀鳳
696C0022 王美菊
工作分配
1.696C0010 蔡定樺:資料搜尋,上台報告Introduction.
2.696C0020 陳秀鳳:資料搜尋,上台報告Libel/Damages.
3.696C0022 王美菊:資料搜尋,上台報告Actionable/Libel action.
4.696C0009 蔡依倫:資料搜尋,上台報告Writ / Lawsuit/ Sue for Libel.
5.696C0014 陳佩誼:資料搜尋及統整,
Power Point製作.
Introduction-Process
• Suing for libel 控告某人誹謗
• 訴訟案件 = 事件 -> 誹謗 -> 控告誹
謗 ->可提出告訴的 ->訴狀->誹謗訴
訟 ->損害賠償金。
• Lawsuit = an incident -> libel ->
sue for libel -> actionable->writ ->
issue a writ -> libel action ->
damages.
一、Libel：誹謗
◎Definitions / 定義
(1) Libel is a publication without justification or lawful
excuse which is calculated to injure the reputation of
another by exposing him to hatred, contempt or
ridicule."
誹謗是指沒有正當的理由或沒有合法的理由，故意揭發對他
人的敵意、恥辱或嘲笑，以損害他人的名聲(名譽)的一種發表。
(2) Libel is false or malicious claims that may harm
someone's reputation.
誹謗是指以不實的或蓄意的主張傷害某人的聲譽。
(3) Libel refers to any other form of communication such
as written words or images. That may give an individual,
business, product, group, government or nation a
negative image.
誹謗是指以任何形式傳播,給予個人，商業，產品，團體，政
府造成負面形象。
◎Synonym/同義字
libel (n)： (文字、書面、圖畫等)誹謗
→vilification誹謗
make vilification of
→slur 毀謗 / 污點 / 潦草的字跡 / 模糊的聲音
Cast a slur on somebody’s good name.
→slander (口頭/文章)公然誹謗
「罵人許純美 公然侮辱起訴」
Slander suit filed for calling someone "Xu
Chun Mei"
★補充：
What is the difference between libel and
slander ?
Libel is written defamation and slander is oral
defamation.
★補充：
present participle British English libelling or
American English libeling, simple past and
past
participle British English libelled or American
English libeled.
★【其他同義字】：
calumny誹謗 / aspersion誹謗 / traducement
誹謗
denigration 損貶 / defamation損害名譽 /
obloquy污名；恥辱
★【相關專有名詞】：
seditious libel煽動性的誹謗..
blasphemous libel褻瀆的誹謗
commit libel 犯誹謗罪
★ 補充：
Fair Comment and Criticism
公正評論與批評
◎Synonym/同義字
(2)libel (v)：誹謗
→vilify誹謗
→slander (口頭/文章)誹謗
That article is a slander on us.
→smear 誹謗；中傷
That is a vicious smear. (惡意的中傷)
→defame誹謗；破壞~的名譽
★補充：
de- 表「否定；減少；離開」
fame (n)：名聲、名望
→malign誹謗；中傷
This politician has been maligned by the
newspapers.
二、(Libel) damages：
(法律)損害賠償金
◎Definitions / 定義
(1) Harm or injury to property or a person,
resulting in loss of value or the impairment of
usefulness.
危害或者對財產或者一個人，價值的導致損失或者
用途的虧損的傷害
(2) Law Money ordered to be paid as
compensation for injury or loss.
被作為對受害者或損失者的法律補償支付
(3) Informal Cost; price
非正式費用；價格
News/ 新聞
(1)Beckham wins libel damages
England captain David
Beckham has accepted
substantial undisclosed libel
damages over a claim he
mounted a telephone hate
campaign against former
nanny Abbie Gibson.
(2) Kidman wins libel damages
• Kidman recently won
another case against a
newspaper Actress Nicole
Kidman has received
undisclosed libel damages
from a newspaper after it
wrongly said she was
having an affair with actor
Jude Law.
Damage (Noun)
→賠償金
- injury or harm caused to a person or thing
- Informal cost： What's the damage?
★補充：
damages = indemnification = compensation
→損害
- the occurrence of a change for the worse
impairment, harm
change , modification
→損失；損傷；損毀
-an event that occurs when something passes from
one state or phase to another
-detriment, hurt - a damage or loss
-deformation, distortion - a change for the worse
damage (Verb)
→損害；傷害；損毀
- the act of damaging something or someone
She damaged the car when she hit the tree.
★補充【同義字】：
total - damage beyond the point of repair;
His new car was totalled at the accident.
bruise - damage (plant tissue) by abrasion or pressure
The customer bruised the strawberries by squeezing
them.
impair - make worse or less effective
Poor food impaired her health.
damaging (adj)
→有害的 His resignation is very damaging to the
government.
三、 Actionable
可控告的,可起訴的,可提告的
Definition：affording grounds for legal action
Example： Slander is an actionable offense
That may be the subject of an action or
suit at law; as, to call a man a thief is
actionable.
Synonymies：indictable/litigable / prosecutable
suable/presentable/impeachable
補充：Cause of action/ claim
defendant (accused)/deponent (witness)/plaintiff
三、 Actionable
• 訴訟原因
• There are a number of specific causes
of action, including: contract-based
actions; statutory causes of action;
torts such as assault, battery, invasion
of privacy, fraud, slander, negligence,
intentional infliction of emotional
distress; and suits in equity such as
unjust enrichment
三、 Actionable
何謂集體訴訟?
-What is a class action lawsuit?-"class action" lawsuit is one in which a
group of people with the same or
similar injuries caused by the same
product or action sue the defendant as
a group. If they win, they divide up the
class recovery fund according to the
amount each person lost.
四、 Libel action：誹謗訴訟
Libel action=Take action against
(1) Rod Stewart has won the first round in a
￡15 million libel action against a
newspaper which claimed he cheated on
wife Rachel Hunter with her agreement.
(2) Materazzi wins apology over claims
Written by: Soccerway 2008-04-07 17:38:05
The Inter Milan centre-back, who scored
Italy´s equaliser and one of the crucial
match-winning penalties in the shoot-out,
was at London´s High Court for the
settlement of his libel action against
Express Newspapers, over articles in the
Daily Star.
(3) Mom loses 'ugly' libel action
London - A British woman lost a libel case in
London's High Court on Monday against her
daughter, who accused her mother in a book of
cruelty and neglect.
"My mother would call me ugly, call me a dirty
little whore, call me potato head, call me Miss
Pissabed ... and Scarface," she told the court
earlier in the hearing.
• 補充
• Action speak louder than
words
行動勝於言辭
• Strike action-A deliberate
absence from work
• Action film
• Action doll
五、 Writ (N)：令狀，訴狀
◎ Definition：
A written order, issued by a court, ordering someone
to do (or stop doing) something.
◎ Synonym：
1.pleadings (訴狀): a document filed a lawsuit，常用於非
刑事訴訟
2.complaint / plaint (起訴，起訴書)：第一次起訴時用
※In a civil action, the first pleading of the plaintiff
setting out the facts on which the claim is based.
※In criminal law, the preliminary charge or accusation
made by one person against another to the appropriate
court or officer, usually a magistrate.
3.indictment (起訴書)：an official written accusation on
behalf of the government for a serious offense; a
document outlining serious charges of an accused. 正式
的用法，由法院代表政府
六、 Lawsuit (N)
訴訟(尤指非刑事案件)
◎ definition：
1. An action or a suit brought before a court, as to recover a
right or redress a grievance
2. A case in a court of law brought by one person or group
against another
◎ synonym：
1.cause(訴訟)
2.action(訴訟): a charge or other process in a law court.
3.suit(訴訟): a process instituted in a court of law for the
recovery of a right or claim; a lawsuit.
4.litigation(訴訟): the conduct of a lawsuit. 正式的用法
5.case(案件，訴訟): A legal proceeding, lawsuit
6.proceeding(訴訟，訴訟程序): The act of one who proceeds,
or who prosecutes a design or transaction
七、Sue for libel：控告某人誹謗
sue (V.)控告，對…提起訴訟(常用於非刑事訴訟) + for
◎ Definition:
To file a legal action against someone, generally a noncriminal action.
◎ Synonym (V)1. indict(起訴的正式用語): indict + for/with
Ex. He was indicted with breaking a contract.
2. prosecute(起訴，告發): prosecute+ for
Ex. He was prosecuted for drunken driving
3. charge(控訴): charge + with
Ex. He was charged with stealing.
4. impeach(起訴，控告): impeach + for/of/with
Ex. A citizen impeached mayor for taking bribes
5. accuse(控告，指責): accuse + of
Ex. He was accused of murder.
◎ Synonym (n)-
prosecution，complaint(plaint)，
indictment，charge，accusation。
EX: Each airline chief is suing the other
for libel arising from accusations of
alleged dirty tricks and smear tactics.
兩家航空公司老闆在互控對方誹謗，這
起 因於他們互指對方耍詭計和抹黑策略
◎ NEWS:
1.Sizemore Plans to Sue Defend Oregon,
OEA, for Libel and Slander
Conservative activist Bill Sizemore says
he plans to sue the Oregon Education
Association and Defend Oregon for libel
and slander.
2.Lawmaker attacked by DPP supporter
Dec. 16, 2008
TAIPEI, Taiwan -- A Democratic
Progressive Party supporter attacked
Kuomintang lawmaker Chiu Yi(邱毅)
yesterday for trying to impeach Chou
Chan-chun(周占春), a Taipei district court
judge who released former President
Chen Shui-bian without bail on Saturday.
Chiu visited the Control Yuan in the
morning to file complaints against Chou
and request an investigation that he hopes
will lead to an impeachment of the judge.
八、 Issue
a writ：提出訴狀
◎ Definition：When someone starts legal action for
libel, they issue libel writ.
◎News:
Palace issue writ against Dowie
May 30 2006
Palace have issued a writ against former boss Iain
Dowie in dramatic style.
The legal papers for the writ were issued by Jordan's
lawyers during the press conference at Charlton's
unveiling of Dowie as their new head coach.
Dowie left Palace last week claiming that he wanted to
be nearer his family who live in the North East.
We served the writ on Iain because he does not tell
the truth," Jordan told Sky Sports News from his holiday
home in Marbella. "He fraudulently obtained a release
from his contract under misrepresentation.
Sue for、issue a writ (控告，起訴)之其他表現方式
提告，控告：take legal actions (against 人; on/over 事)
- lay/take an accusation against -，- bring a suit against -，
- bring in an indictment against -，- present an
indictment against -，- processed against -，- file a
lawsuit against - ，- go to court over sth. - 。
Ex. If you still fail to settle the debt, we will take legal
actions against you.
提告，控告：file a lawsuit (以人為主詞)
- take sb. to court -，- conduct a suit -，- file an action - ，
- bring a case to court - ，- be under indictment (被控
告)–。
Ex. If you still refuse to effect payment, we will file a
lawsuit at the court.
提告，控告：be brought up to a lawsuit (以事為主詞)
- be brought up to a suit / an indictment / an action -，- on
the charge of -。
Ex. If you still leave the debt unpaid, the issue will be
brought up to a lawsuit.
若貴公司再不還錢, 我們公司就要訴諸法律行動.
Activists threaten lawsuit over Beitou project
TAIPEI, Taiwan -- With Taipei’s Maokong Gondola cable
car system shut down over safety concerns,
environmentalists on Wednesday threatened to file a
lawsuit against Taiwan’s former Environmental
Protection Administration (EPA) minister Hau Lungbin, Taipei’s current mayor, for not having done an
environmental impact assessment on another
project — the Beitou cable car system.
Appeal (V):上訴
◎ definition：to apply for the removal of a cause from
an inferior to a superior judge or court for the
purpose of reexamination of for decision.
Special Counsel appeals Chen Shui-bian release
TAIPEI, Taiwan -- Prosecutors of the Special Counsel
filed an appeal for continued detention of former
President Chen Shui-bian yesterday.
THE END
Thanks for your listening.