5 - Category 0 Report (Breach of UK/France law)

  • Quote

    "Si les propos tenus sont diffusés sur un compte accessible à tous, il s'agit d'une diffamation publique."
    (Translated to "If the remarks made are shared on an account accessible to all, it is public defamation.")


    "Toute allégation ou imputation d'un fait qui porte atteinte à l'honneur ou à la considération de la personne ou du corps auquel le fait est imputé est une diffamation. La publication directe ou par voie de reproduction de cette allégation ou de cette imputation est punissable, même si elle est faite sous forme dubitative ou si elle vise une personne ou un corps non expressément nommés, mais dont l'identification est rendue possible par les termes des discours, cris, menaces, écrits ou imprimés, placards ou affiches incriminés. Toute expression outrageante, termes de mépris ou invective qui ne renferme l'imputation d'aucun fait est une injure."
    (Translated to "Any allegation or imputation of a fact that undermines the honor or consideration of the person or body to which the fact is imputed is defamation. The direct publication or by way of reproduction of this allegation or this imputation is punishable, even if it is made in doubtful form or if it targets a person or a body not expressly named, but whose identification is made possible by the terms speeches, cries, threats, writings or printed matter, placards or posters incriminated. Any outrageous expression, terms of contempt or invective which does not contain the imputation of any fact is an affront.")

    Those two quotes can be found in the sources below, and they define 5's speech as defamation within France's laws.
    They also define the possible sanctions as 12,000; 15,000; or 45,000 EUR alongside a year of prison.



    It is for me, without a doubt, that 5's unpresented remarks breach French defamation law, and therefore alongside this, TotalFreedom guidelines, in which I call for action to be taken accordingly.


    I would also like to point out that 5 has no remorse in doing this, as he nicked himself "Not wrong tho" on Discord the instant he was questioned and his post removed.



    Thread in question:
    - https://forum.totalfreedom.me/d/4596-cute-dogs-thread


    Sources:
    - https://www.service-public.fr/particuliers/vosdroits/F32079
    - https://www.legifrance.gouv.fr…e_lc/LEGIARTI000006419790
    - https://www.legifrance.gouv.fr…e_lc/LEGIARTI000038313312
    - https://www.legifrance.gouv.fr…e_lc/LEGIARTI000006419795
    - https://www.legifrance.gouv.fr…e_lc/LEGIARTI000006419800
    - https://www.legifrance.gouv.fr…e_lc/LEGIARTI000006419802

    A fool's fool fools fools who foolishly accept the foolishness of a fool's fool.

  • I need to see, or at least have some sort of context behind the deleted posts. What was 5 responding to? What were the posts before his about?


    Edit - was just told 5’s response was the first one

  • I think it's morally reprehensible to make an implication that someone practises bestiality based on the fact they dress up as an anthropomorphised animal, with no proof besides the fact that they dress up as said anthropomorphised animal.


    Nevertheless, I don't think it's really worthy of a category 0 ban. But that's just personal conjecture, I don't write the rules.

  • if anyone did not see the post in question, i can provide a screenshot of it as needed.

    A triumphant roar echoes from atop the Seat of the Aspects as Nasz'uro, the Unbound Legact is formed.

  • I'm going to lock this for the time being, it will be adequately reviewed and unlocked as appropriate in due course.

    Wild1145

    Network Owner at TotalFreedom

    Managing Director at ATLAS Media Group Ltd.

    Founder & Owner at MastodonApp.UK

  • So I'm going to start this with the reminder that I am not a lawyer or a judge and that this is not a country, this is a game community.


    The categories of bans have since been removed, https://forum.totalfreedom.me/…edom-community-guidelines is the guidelines we work to, though the French law aspect is still valid, especially given these forums are hosted on infrastructure geographically located in France.


    Before I address the law part, I'm going to address the other two community guidelines this breaks

    Quote

    1) Respect & remain mindful of other members of the community.


    3) Join the community to engage and have fun, not to advertise, promote hate or otherwise try to harm the overall community

    I appreciate the post in question might well have been made with noble intent, and I certainly hope that is the case, however, given the context of the thread and the fact nobody seemed to take such offence on the other post (EDIT: The cat post for clarification), I'm less convinced of this.


    With that in mind, I'm going to issue a permanent forum ban for the user in question, who can appeal no earlier than 90 days from today.


    To cover the French Law aspect, while it is true that French law should be followed on the forums due to them residing there, the reality is I am not qualified to make such a judgement, and where these rules have been enforced previously were under very different circumstances, where the nuance of French law was not really required. Given no legal proceedings have been put forward, at this time I'm not going to go further with this, and would suggest that we focus less on specific law-breaking and more on community guidelines...


    I'm going to unlock this thread but would ask people to keep it civil or I'll just re-lock it.

    Wild1145

    Network Owner at TotalFreedom

    Managing Director at ATLAS Media Group Ltd.

    Founder & Owner at MastodonApp.UK

  • My issue has been dealt with, and I believe the thread can be locked.


    I appreciate your feedback on focusing on the community guidelines in the future, and I will make sure to take note of this.

    A fool's fool fools fools who foolishly accept the foolishness of a fool's fool.

Participate now!

Don’t have an account yet? Register yourself now and be a part of our community!