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Hayden calls Harbhajan an obnoxious weed

silentstriker

silentstriker

The Wheel is Forever
sideshowtim said:
Good stuff. Hayden speaks the truth and adds some more fire to the series.

I think the Australians generally get along with the Indian team pretty well. I'd say a majority of them can have a good chat and laugh after a game. Harbhajan seems to be an exception to this though. And given some of the things he's done lately, you can't blame the Australians for hating him.
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In your opinion, in the history of Australian cricket, has any Australian ever done anything wrong? 8-)
 
Cevno

Cevno

Hall of Fame Member
If Hayden can call him 'obnoxious weed' on Radio -- you can well imagine what phrases he or such 'bred Aussies' may be using on field.

No wonder , Cricket Australia is against banning sledging. Well the Indian fans can get even when these obnoxious weeds come to India for money.
 
sledger

sledger

Spanish_Vicente
now i m not an expert on legal matters but i guess that when you call someone, ideally a person of some imp, inappropriate stuff in public then it could amt to something like defamation or an attempt at character assassination

the point is not whether to sue Haydo here but just stating that probably that can be done, esp considering how resourceful lawyers are and how these things bring in money

cheers
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there is truth in what you say, but this isnt so much a case of slander as it is hayden just exercising his free speech, what Hayden has done is speak his personal opinion of Harb, he hasnt accused him of doing or undertaking anything that is unbecoming of his character, therefore I very much doubt there are any grounds on which to sue, and I doubt that even if there were that anyone would bother.
 
ret

ret

International Debutant
sledger said:
there is truth in what you say, but this isnt so much a case of slander as it is hayden just exercising his free speech, what Hayden has done is speak his personal opinion of Harb, he hasnt accused him of doing or undertaking anything that is unbecoming of his character, therefore I very much doubt there are any grounds on which to sue, and I doubt that even if there were that anyone would bother.
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i don't advocate suing Haydo but just wondering what can be done in such situations

cheers
 
sledger

sledger

Spanish_Vicente
ret said:
i don't advocate suing Haydo but just wondering what can be done in such situations

cheers
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very little probably, maybe an authority like the australian cricket board could fine him, but as said it wouldnt end up in court.
 
FaaipDeOiad

FaaipDeOiad

Hall of Fame Member
Haha, can't help but laugh at the suggestion that he could be sued. You may as well try and sue someone for criticising your haircut.

Obnoxious weed is sort of a funny line anyway. More than I'd have expected of Hayden.
 
duffer

duffer

Cricket Web: All-Time Legend
sideshowtim said:
Good stuff. Hayden speaks the truth and adds some more fire to the series.

I think the Australians generally get along with the Indian team pretty well. I'd say a majority of them can have a good chat and laugh after a game. Harbhajan seems to be an exception to this though. And given some of the things he's done lately, you can't blame the Australians for hating him.
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The best thing for this series is for it to end. Honestly, 90% of the people I know are sick of seeing these millionaires squabbling and sniping at each other like brats and can't wait for the footy to start. Shame as there could still be some good cricket around the corner but this petty **** is turning a lot of the non fanatical watchers away from the series.

It's gotten really old really quickly.
 
Cevno

Cevno

Hall of Fame Member
What Are Defamation, Libel and Slander?

Generally speaking, defamation is the issuance of a false statement about another person, which causes that person to suffer harm. Slander involves the making of defamatory statements by a transitory (non-fixed) representation, usually an oral (spoken) representation. Libel involves the making of defamatory statements in a printed or fixed medium, such as a magazine or newspaper.

Typically, the elements of a cause of action for defamation include:

1. A false and defamatory statement concerning another;
2. The unprivileged publication of the statement to a third party (that is, somebody other than the person defamed by the statement);
3. If the defamatory matter is of public concern, fault amounting at least to negligence on the part of the publisher; and
4. Damage to the plaintiff.

In the context of defamation law, a statement is "published" when it is made to the third party. That term does not mean that the statement has to be in print.

Damages are typically to the reputation of the plaintiff, but depending upon the laws of the jurisdiction it may be enough to establish mental anguish.

Most jurisdictions also recognize "per se" defamation, where the allegations are presumed to cause damage to the plaintiff. Typically, the following may consititute defamation per se:

* Attacks on a person's professional character or standing;
* Allegations that an unmarried person is unchaste;
* Allegations that a person is infected with a ***ually transmitted disease;
* Allegations that the person has committed a crime of moral turpitude;

While actions for defamation have their roots in common law, most jurisdictions have now enacted statutes which modify the common law. They may change the elements of the cause of action, limit when an action may be filed, or modify the defenses to an action for defamation. Some may even require that the defendant be given an opportunity to apologize before the plaintiff can seek non-economic damages.
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http://www.expertlaw.com/library/personal_injury/defamation.html

I am sure lawyers can make a case out of these comments which will be tried atleast.But probably a better option would be putting pressure on CA and ICC to take action.
 
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Jono

Jono

Virat Kohli (c)
FaaipDeOiad said:
Haha, can't help but laugh at the suggestion that he could be sued. You may as well try and sue someone for criticising your haircut.

Obnoxious weed is sort of a funny line anyway. More than I'd have expected of Hayden.
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Ironically in this case, if Hayden had criticised Harbhajan's hairstyle there would probably have been a bigger uproar on religious grounds. :p
 
sledger

sledger

Spanish_Vicente
Cevno said:
It is printed in press and causes personal harm ,so how is it not applicable?
Are you a lawyer?
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no, but my parents are. Anyway, Hayden has not done anything other than state his opinion, as previously said, you cannot be sued for saying something like "his hair style is horrible", or in terms of this case, calling someone a weed is not detrimental to their character. If Hayden had accused Harb of being corrupt, that would be a different story altogether. Or accused him of a crime etc... Those indeed would be grounds upon which he could be sued. But have you ever heard of someone suing someone else because they said they didnt like them? Me neither.
 
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