• hoshikarakitaridia@lemmy.world
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    5 months ago

    I mean fair to try, but from what I know about defamation, that sounds like an insane uphill battle.

    She would have to prove credible and tightly connect damages and I think because of she is a public figure there needs to be malicious intent as well, which just means she said it while knowing it was false. That shit is awful to prove, because you need some evidence that directly prove she said it knowing it was false or with disregard for it’s truthfulness.

    I like the idea but my brain says this is dead on arrival.

    Edit: ignore my comment it doesn’t apply here

    • HonkyTonkWoman@lemm.ee
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      5 months ago

      Are they suing for defamation? I may have misread, but I thought the suit was over the nature of the comments, more so than the target.

      From the article

      Maréchal faces a fine of €30,000 ($32,446) if she’s found guilty of using a transphobic insult and €3,750 ($4,056) if she’s guilty of using a “sexist insult due to one’s gender identity.”

      To me, that sounds more like they’re suing over an ethical standards issue, but I don’t know French law in the least.

      I guess maybe the group could be suing over the ethical issues & Gascon’s could be a defamation suit, I just didn’t see that laid out in the article.

      Could be wrong, just my take.