Calm down princess, I was pointing out the obvious for later on, not what's gone on already. Imagine, you lacking reading comprehension.
Bollocks, if you make an defamatory allegation, such as racism, about another person, then it's YOU that would need to prove your comments. I've only read what's on this thread because it's Everton so not of any particular interest other than the general principles some seem to be wrongly applying.
DMD's right here, Everton have essentially found this guy guilty by association and banned him for it, he could take them to court and they would have to prove it was him who posted the messages to uphold their ban. Just because he owns the account doesn't make him responsible, if someone steals your car and runs someone over is that your fault? After all you own the car so you should be responsible for it.
Absolute horse **** that. There has been no defamation as the matter was dealt with privately by the club, they have made no public comment until after the accused CHOSE to post the letter on the net. The proof of his racist comments were on twitter and on his account, but again you don't understand the basic premise of defamation. If he's going to accuse them of defamation he needs to show how they've damaged his reputation, when it's him who's put it in the public domain.
He's not right at all. As he's talking out of his arse about defamation. The club don't need to prove anything in order to ban the twat from their premises
It doesn't have to be in the public domain to be defamation, presumably staff members at Everton (HR, security, stadium management...etc) who did not make the decision to ban him must have been told about the accusations so they can do their jobs and ban him. That's defamation, someone has made an accusation without conclusively proving it and told someone other than the accused.
Your right, they don't need to prove anything to ban him, they will however need to prove it if he makes a legal challenge which he is entitled to do, that's all DMD is saying.
So who is this mystery man? Who's going to come forward and say the club defamed this poor individual? No-one from the club is going to stand next to the twat, and in any case, he'd have to prove that person knowing damaged his reputation, which might be a bit tricky when he posted the ****ing private letter on instagram ffs.
Does anyone know whether he has challenged his ban or whether he is claiming it was an un identified third party who made the offensive posts? If the answer is no to both then it looks pretty nailed on that he did it and deserves his ban. Take him down. Next case please.
So when someone asks him if he's off to the game, what will he say? In banning him, it's arguably in the public domain, plus, they've made an allegation in writing to him. The onus is squarely on them to prove it, not vice versa.
I think he's mixing up this individual with the general principles, which he doesn't seem to have a grip of. You can't simply make allegations or accusations against people if you can't back it up with fact. It'd be like writing to someone saying we think you're a rapist and you therefore are until you can prove you're not.
That he's been banned, but then they'll know that anyway as it's all over the net and media, as a direct result of him choosing to make it public. He's not got a snowballs chance in hell of making any form of defamation claim stick. The proof (not that it's needed) is that it's his account and it's perfectly reasonable to assume that it's his words being posted on his personal account. There were a number of racist tweets btw, not just one.
It is backed up with fact. His twitter account, traced back to his personal e-mail account at his address. What more ****ing proof is needed?
They could then take action on his account, not him as they have no proof he made those posts. They need to prove it was him that made them, not that simply that they came from an account seemingly associated with him.
If he isn't denying it then he's obviously guilty. If he said he hadn't made the posts then Everton would have to look further into the matter but that doesn't appear to be the case. In theory the OB could get involved as these messages could be deemed as malicious communications. The bloke who made the posts might know that and have decided that taking a ban from Goodison is a better deal than protesting his innocence and ending up in more trouble.
