C.B.S. Eblana Avenue

Stories from Christian Brothers School, Eblana...

Re: C.B.S. Eblana Avenue

Postby Strum » Tue Nov 24, 2015 1:08 am

Zirco wrote:Strum, was the orchard still there?



Bigtime Zirco, 1981-83 I was there. Plums, Pears, Apples, every Berry, every kind of Veg you can imagine, an amazing sustainable community they had, bless them. ;)

Sorry going off Topic.
User avatar
Strum
Administrator
 
Posts: 9759
Joined: Sun Aug 06, 2006 8:03 pm
Location: Sallysupermarket, Thomastown.

Re: C.B.S. Eblana Avenue

Postby Zirco » Tue Nov 24, 2015 1:35 am

Strum wrote:
Zirco wrote:Strum, was the orchard still there?



Bigtime Zirco, 1981-83 I was there. Plums, Pears, Apples, every Berry, every kind of Veg you can imagine, an amazing sustainable community they had, bless them. ;)

Sorry going off Topic.


Very resourceful of them.
"Do not go gentle into that good night,
Rage, rage against the dying of the light".
Dylan Thomas
User avatar
Zirco
Stellar Member
 
Posts: 1167
Joined: Mon Sep 14, 2015 11:53 pm
Location: Came from Zircon, Multiverse to Dublin, Ireland, Earth, Multiverse

Re: C.B.S. Eblana Avenue

Postby Alan1 » Thu Aug 31, 2017 12:34 pm

Reading about Eblana has prompted me to throw in my tuppence worth.
Who remembers the famous (or infamous!)? No 10 classroom at the end of the corridor past the stationary office?
Here is my story.
It was the summer of 1956 (I think), when I first came face to face with the brother in charge, a person we will call Bro C., someone who was an insult to the human race never mind to the christian? brothers (lower case intended).
This man was a sadist of the highest order who took delight in lining up those who didn’t give the correct answers to a particular subject, then swinging his leather down as hard as he could across your open palms (usually two on each hand). You would be unable to hold a pen for some time afterwards. He would also walk up and down the rows of desks punching you on the back of the head for no reason.
Needless to say I was always terrified going to school.
The Christmas holidays came and went. Returning to school I found that another brother had replaced this man.
First subject of the day was industries in the north of England. Came my turn, question asked, where is artificial silk manufactured, didn’t know the answer. I said to myself, ‘here if comes’ as this brother walked slowly towards me. Shut my eyes and waited for the bang on the back of the head. Brother leaned over and said in a soft voice, ‘Artificial silk is manufactured in Stockport and Macclesfield, don’t forget that, will you’.
As you can see, over 60 years later, I never did. (Got to be a moral there somewhere!).
That Brother was Dobbins.
Alan1
Stellar Member
 
Posts: 4
Joined: Sat Jun 07, 2014 4:21 pm

Re: C.B.S. Eblana Avenue

Postby jabra » Thu Aug 31, 2017 6:23 pm

As I stated in an earlier post Bro. Dobbins was by far the best teacher and human being in my five years years in the Brothers
although as I said he could have his moments he was no pusher over but a good sense of humour. I only had two brothers who
taught me in those five years himself and sadistic Bro. Cunningham. I had a Mr Haugh in 2nd. class Mr.Martin in 3rd. and again
in 5th. Cunningham in 4th. and Bro. Dobbins in 6th. I have to say the masters were not shy in dishing out punishment either.
Mr Haugh used a short stout stick for slapping hands and legs while Mr. Martin used a longer stick like the leg of a chair and
he also used his hands sometimes fists on pupils. I remember my ears ringing for a couple of days after he beat me about the
face and head and to think he was a married man with kids of his own. I'm not sure if Haugh was married. having said all that
neither was as bad as bro. Cunningham . Before he would use the leather he would tilt your fingers upwards so when the leather
came down it would connect with the tips of your fingers imagine that on a winters morning. I seen him pulling a lad around
the room by his ears until he screamed in pain. Oh yes he had a lot to answer for.
Jabra
User avatar
jabra
Advanced Member
 
Posts: 358
Joined: Tue Apr 01, 2014 11:20 pm
Location: Near Dan Fagan's cottages

Re: C.B.S. Eblana Avenue

Postby bugrock » Thu Aug 31, 2017 11:54 pm

I still remember he short stick with the knot in it.Vicious thing it was - Cunningham maybe? I forget. Then one of the masters had a half golf club stick. Another one a younger brother had washers stitched into his "official" strap. The name Mr Doody comes to mind as well - one of the good guys.
I got a hiding one day for questioning the probability of one man and one woman populating the world for thousands of years.
Oh yes, I learned a few things along the way. :lol:
If it don't make your ears bleed, it ain't rock 'n' roll!
User avatar
bugrock
In the Bold Member Corner
 
Posts: 1717
Joined: Mon Jul 16, 2012 1:28 am
Location: Mornington Peninsula Australia

Re: C.B.S. Eblana Avenue

Postby Rocker » Fri Sep 01, 2017 11:46 am

Gosh lads I have been reading your posts. What a sad, gang of cruel men! I feel sad that our generation had to endure such callous treatment and that we had no redress. In my case I was quite vulnerable (though nowadays you'd never know) and the nuns had beaten me down so much that I allowed bully bosses in the workplace make my working life a horror story (they had been taught by the brothers and knew all the cruel tricks). I would say a lot of 60+ adults in Ireland did not fulfil their potential because they were so undermined at school.

I just though reading your posts that it would be great to be able to go to school nowadays when everything is copped. Maybe not, but, at least your parents would listen to your complaints and think you ( the child) had a right to speak up and not sit terrified in the corner!

On a lighter note...I was a good handwriter and spent hours perfecting my mother's hand and many a mitch day was spent in Seapoint covered by the apologic "sick note" :lol: :lol:
I am not afraid of tomorrow, for I have seen yesterday and I love today.
William Allen White
User avatar
Rocker
Globetrotter
 
Posts: 6443
Joined: Wed Dec 21, 2011 12:29 pm
Location: The Rock

Re: C.B.S. Eblana Avenue

Postby Toss » Fri Sep 01, 2017 2:01 pm

Rocker wrote:.I just though reading your posts that it would be great to be able to go to school nowaday


Not sure its any better ... just different.

Years ago, no one had money and your clothes were 80% hand me downs ... but no one noticed nor cared, we were all in the same boat.
Today its ALL about the money and what you have / wear / drive as it shows your status ... they all watch each other and the green eyed monster is everywhere on f-book.

We had fear, the teachers were seen as pillars of society and most parents would not dare challenge them.... so we behaved in the classroom (well some of us anyway!)
Today, its the teachers who have the fear and the pupils can get away with anything ... all its takes is one allegation and the teacher is suspended (structure and respect are things of the past).

Back in the day, we had a handfull of school books that were passed around year on year
Today, they change a few words each year you make you buy this years book and the amount of books has trebled.

The level of expectation is our day was limited, leaving school before 15 was commonplace .... only the select few went on to a leaving cert.
Today.... nobody fails and the leaving cert has been bastardised to the point where everyone gets to pass a version of it. The school leaving age has shot up, to the point that we now have a huge percentage of twenty somethings with wall to wall certificates who not willing to get out of bed for work that they consider beneath them.

I agree that Teachers were a law onto themselves years ago and corporal punishment is not acceptable in any way, shape or form..... but today its mental cruelty and the peer pressure that is way out of control (hence suicide rates are up). I firmly believe schools need to include behaviour and attendance as key attributes recognised by 30% of the evaluation / grading system. I would also include class work as a key element of any assessment whilst cutting the old two hour exam system to 40% of the marks available.
According to Myers-Briggs, I'm a "ENTJ-a"....
User avatar
Toss
Skies are Blue
 
Posts: 2061
Joined: Wed Mar 24, 2010 3:48 pm
Location: A figment of your imagination

Re: C.B.S. Eblana Avenue

Postby bugrock » Fri Sep 01, 2017 2:41 pm

Very well addressed,Toss hellllo
If it don't make your ears bleed, it ain't rock 'n' roll!
User avatar
bugrock
In the Bold Member Corner
 
Posts: 1717
Joined: Mon Jul 16, 2012 1:28 am
Location: Mornington Peninsula Australia

Re: C.B.S. Eblana Avenue

Postby Harjoe » Fri Sep 01, 2017 6:53 pm

Bro Dobbins was by far the best teacher in Eblana ,I had him in 5th and 6th was the only brother who taught English geography and coalmines through its football teams ,although when I started I was a year behind the rest of the boys through being in hospital, I went from Mr McKeown's under the stairs to Bro Burke in room 4 and when myself and Larry Murphy (R I P) were first and second in the exams we moved up to the scholarship class up the iron stars to Bro Darcy who was a G A A man through and through I did not play on any of the teams but was known as a soccer man ,Darcy was stern but fair you got your slaps when thing went wrong, the fact that I was too old to sit the scholarship exam I still stayed in that class until we went to Dobbins who was hard but very fair his favorite thing was when he corrected your essays or homework and you had spellings wrong he would write 'COME UP ' on your copy which meant the slaps ,I still have my Irish copy there are more come ups on it than Irish writing but in fairness Dobbins was good egg,Bro Burke and Bro Darcy was very hard with some of the boys but there were others who were a lot more violent and when I was 14 in March of 1957 I left the following Friday not even bothering to do the Primary Cert and have survived .
User avatar
Harjoe
Executive Member
 
Posts: 758
Joined: Wed Dec 03, 2008 8:43 pm
Location: wexford

Re: C.B.S. Eblana Avenue

Postby Micheál » Fri Sep 01, 2017 8:50 pm

Harjoe wrote: . . . and have survived .


I dare say you've done far more than just survived Harjoe. The irony is - I've learned more from you and others on this site about the important things in this life than in all my years in formal education under the Brothers.

M.
User avatar
Micheál
Skies are Blue
 
Posts: 2509
Joined: Wed Aug 03, 2011 12:13 am
Location: Within the sound of the Hooter

Re: C.B.S. Eblana Avenue

Postby Rocker » Sat Sep 02, 2017 12:08 am

Micheál wrote:
Harjoe wrote: . . . and have survived .


I dare say you've done far more than just survived Harjoe. The irony is - I've learned more from you and others on this site about the important things in this life than in all my years in formal education under the Brothers.

M.


Micheál, I am with you there. wuu wuu
I am not afraid of tomorrow, for I have seen yesterday and I love today.
William Allen White
User avatar
Rocker
Globetrotter
 
Posts: 6443
Joined: Wed Dec 21, 2011 12:29 pm
Location: The Rock

Re: C.B.S. Eblana Avenue

Postby Sinead » Mon Sep 04, 2017 10:02 pm

I have to say I was never unduly beaten or punished in school. This could be because my parents
always listened to us children. When I was about 5 or 6 I had no money for the black baby box and
was told bring it in after lunch - asked my Dad for the money at lunch time, his response was
'tell that nun there are enough white babies in this town need help'. I gave the message in the
afternoon and was considered cheeky so my Dad was sent for, he told the nun he had said it and
it was the truth, the nuns had no idea what was going on in the town the Dominicans were an
enclosed order at that time.
My three brothers all went to Eblana, I never heard them complain, one went into Guinness at a
young age, the next went to CBC Monkstown on a Scholarship and the third went to the Secondary
in Eblana Ave.
I finished in the Convent in 7th Class and went to the Tech, I was too young to go after 6th Class.
Like most others on this site I grew up with 'cop on' it can't be bought or taught. Tech for 2 years
then out to work.
In the 1990's I was accepted onto a Law course in DIT but circumstances prevented me from \
completing the 4 years.

Sinéad
User avatar
Sinead
Somewhere over the rainbow
 
Posts: 1992
Joined: Sun Jan 31, 2010 4:09 pm
Location: Co.Dublin

Re: C.B.S. Eblana Avenue

Postby Rocker » Sat Jul 28, 2018 1:59 pm

Someone put up on FB that the CBS site has been acquired by Bartra.

I googled their website

https://bartracapitalproperty.com/developments/

I don't think there will be much social housing there but some big, big, apartments similar to those in front of the Royal Marine!! :roll: :roll:
I am not afraid of tomorrow, for I have seen yesterday and I love today.
William Allen White
User avatar
Rocker
Globetrotter
 
Posts: 6443
Joined: Wed Dec 21, 2011 12:29 pm
Location: The Rock

Re: C.B.S. Eblana Avenue

Postby Sinead » Sun Jul 29, 2018 11:12 am

Development of that site was to start last year, the owners had planning permission for all sorts of buildings.
There was to be a road/walkway straight down Sussex Street and through the development to the Station.

Sinéad
User avatar
Sinead
Somewhere over the rainbow
 
Posts: 1992
Joined: Sun Jan 31, 2010 4:09 pm
Location: Co.Dublin

Re: C.B.S. Eblana Avenue

Postby bugrock » Sun Jul 29, 2018 2:15 pm

Where's all the brothers gone, then?
If it don't make your ears bleed, it ain't rock 'n' roll!
User avatar
bugrock
In the Bold Member Corner
 
Posts: 1717
Joined: Mon Jul 16, 2012 1:28 am
Location: Mornington Peninsula Australia

Re: C.B.S. Eblana Avenue

Postby Rocker » Sun Jul 29, 2018 3:34 pm

bugrock wrote:Where's all the brothers gone, then?


Bugs the school closed down many years ago and the site was used for all sorts of things but has been abandoned since so it will be nice to have something new there. Prime site I'd say.

I'd say no one goes to be a Brother nowadays they are all dying out....maybe a good thing they were so cruel.
I am not afraid of tomorrow, for I have seen yesterday and I love today.
William Allen White
User avatar
Rocker
Globetrotter
 
Posts: 6443
Joined: Wed Dec 21, 2011 12:29 pm
Location: The Rock

Re: C.B.S. Eblana Avenue

Postby gingertom » Sat Aug 04, 2018 10:43 pm

Sweeping comments such as posted here may be construed as defamatory contentions. It must be noted that ignorance of law is no defence.
zingerberi capillus et bene moratus.
User avatar
gingertom
Advanced Member
 
Posts: 426
Joined: Wed Oct 06, 2010 12:30 pm
Location: with the wigs

Re: C.B.S. Eblana Avenue

Postby keeper » Sun Aug 05, 2018 11:18 pm

Sweeping comments ? Nothing defamatory in my view, I suffered at the hands of some of these " men of God " and made my schooldays a misery, failed frustrated men in life, cruel and vindictive, that said there were a few decent ones but only just.
I know well about ignorance is no defence in law but the TRUTH will always win out, some of these men were guilty of inflicting severe cruelty on defenceless young boys and there are many like me will attest to that.
User avatar
keeper
Somewhere over the rainbow
 
Posts: 1801
Joined: Sun Aug 07, 2011 8:52 pm

Re: C.B.S. Eblana Avenue

Postby Rocker » Mon Aug 06, 2018 12:26 am

I wouldn't be too well up in the law but I looked up defame and a meaning given was,

law : to harm the reputation of by communicating false statements about : to harm the reputation of by libel (see 1libel

I don't think any of the statements here were false statements. People remember what they encountered during their school days. For the last 50 odd years any male I know who went to a Christian brothers school recounted tales of leathers, beatings, belittling. I went to a convent school and I was beaten with a leg of a chair, locked in a press, put in an empty room with statues for a day kneeling and supposed to be praying. I was only about 6 or seven years old and all these years later I often think of the degradation. This was not a once off occurrence. Vulnerable children such as I were singled out for this type of treatment which I now call bullying...I didn't have a name for it then. I think it was to make us holier! or maybe love God!
I am not afraid of tomorrow, for I have seen yesterday and I love today.
William Allen White
User avatar
Rocker
Globetrotter
 
Posts: 6443
Joined: Wed Dec 21, 2011 12:29 pm
Location: The Rock

Re: C.B.S. Eblana Avenue

Postby Jemser » Mon Aug 06, 2018 1:22 am

I have to say that I never really suffered any undue punishment or harsh treatment at the hands of the brothers. I was always fairly good at school so I was left alone by them, except for a few slaps on the hand with a leather. However I did witness many a classmate being punched in the stomach, beaten excessively with the leather strap, kicked, ears twisted and pulled etc. Name calling and degrading of pupils by the brothers, on many young boys in my class. May I also add that there were indeed some good brothers who respected the pupils and never raised their hands to anyone. School days for many pupils in Eblana were not a happy experience. I personally do not care who reads these comments or how upset they might be because of them, for this is the truth and the reality of my school days in Eblana Avenue C.B.S.
I spent a lot of money on booze, birds and fast cars. The rest I just squandered. - George Best 1946-2005
User avatar
Jemser
Quizmaster Supreme
 
Posts: 1234
Joined: Tue Jul 17, 2012 3:12 pm
Location: On top of the Hill

Re: C.B.S. Eblana Avenue

Postby Sinead » Mon Aug 06, 2018 6:54 pm

I haven't seen 'sweeping comments' on this topic. I have read about the cruelty of some individuals and I have read about the good ones who looked out for the boys. All comments have been aimed at both teachers and Christian Brothers.
The comments are nothing new, I have lived in the area for over 70 years and heard the complaints and compliments throughout my life. I do not know if anyone from CBS Eblana was ever charged but I am aware of parents having visited the school to defend their off spring.

Sinéad
User avatar
Sinead
Somewhere over the rainbow
 
Posts: 1992
Joined: Sun Jan 31, 2010 4:09 pm
Location: Co.Dublin

Re: C.B.S. Eblana Avenue

Postby gingertom » Tue Aug 07, 2018 1:36 pm

Rocker wrote:I wouldn't be too well up in the law but I looked up defame and a meaning given was,

law : to harm the reputation of by communicating false statements about : to harm the reputation of by libel (see 1libel

I don't think any of the statements here were false statements. People remember what they encountered during their school days. For the last 50 odd years any male I know who went to a Christian brothers school recounted tales of leathers, beatings, belittling. I went to a convent school and I was beaten with a leg of a chair, locked in a press, put in an empty room with statues for a day kneeling and supposed to be praying. I was only about 6 or seven years old and all these years later I often think of the degradation. This was not a once off occurrence. Vulnerable children such as I were singled out for this type of treatment which I now call bullying...I didn't have a name for it then. I think it was to make us holier! or maybe love God!


To correct you Rocker, the tort of libel has been abolished and replaced with s35 of the 2009 Act.

http://www.irishstatutebook.ie/eli/2009 ... rint#sec35

For a truth defence section 16 applies and there is common law authority relevant too.
See section 20 for an honest opinion defence.

I am merely saying that when posting any potential defamatory statements anywhere, one must be careful.
zingerberi capillus et bene moratus.
User avatar
gingertom
Advanced Member
 
Posts: 426
Joined: Wed Oct 06, 2010 12:30 pm
Location: with the wigs

Re: C.B.S. Eblana Avenue

Postby Toss » Tue Aug 07, 2018 3:20 pm

Technically anything that is said on the internet is subject to the same laws as if it’s published in any other format; in other words, the most likely charges that could be brought against a tweet or a status update are defamation – publication of a statement about someone which injures their reputation in the eyes of reasonable members of society – or incitement.

In practice this means that calling someone the worst curse word you can think of is a crap thing to do on Twitter but is unlikely to break the law – but making an untrue allegation about them could, as could encouraging or threatening someone else to commit a crime.

“It’s worth bearing in mind that crude abuse is not defamation, and thus a lot of what goes on online will not ground a defamation action,” explains Fergal Crehan, a Dublin-based barrister.

However crude abuse can possibly, if extreme enough, be prosecuted under the Prohibition of Incitement to Hatred Act, 1989. Unlike similar laws in other countries, this Act does not specify that the hate must be racial in nature. It simply makes it an offence to engage in actions ‘likely to stir up hatred’.

The use of fake names on social networking sites can also act as a barrier to cases being brought before the court. In order to take a case against a person who has said something on the internet, you have to first find and identify the perpetrator – which, as Fergal Crehan explains, is not always easy online.

“You can get a court order against Twitter or Facebook or whichever website is involved to hand over the IP and email details of individual accounts, but that requires an expensive trip to court which can end up doing you more harm than good,” explains Crehan.

The number of people arrested in Ireland for something they said on a social network is miniscule; a spokesperson for the Gardaí said that complaints have been made but the number of actual arrests made is very low.

Last year a Kerryman who created a Facebook page page entitled ‘Promote The Use of Knacker Babies as Bait’ was brought to court in a landmark case, charged with an offence under the Incitement to Hatred Act . The case was dismissed by the judge who said there was ‘reasonable doubt’ whether the 27-year-old had intended to incite hatred towards members of the Traveller community.

Three years earlier, a man was initially prosecuted in Dundalk District Court for posting obscene messages on a teenage girl’s Bebo page. However the trial was declared a mistrial due to a technicality over the charges that were brought against the man.

Cases have also been brought against bloggers and websites hosted in Ireland.

“Someone has to make a complaint in order for the matter to be investigated,” explained the Garda spokesperson. The Gardaí have a dedicated Computer Crime Section which mostly deals with fraud but also tackles issues of online abuse and offensive material.

Despite the huge number of people on Facebook and Twitter, there is little government impetus to introduce any specific legislation to deal specifically with online abuse.
http://www.thejournal.ie/arrested-faceb ... 1-Jun2012/


The internet is a bit like pandoras box and with the advances in technology, we are at the point where anyone with an 2nd hand 'pay as you go' smartphone can use free wifi to log on and post whatever they want ..... making it very difficult to trace. I think our little corner of the net is well monitored and should anyone decide we are worthy of a court case .... then the state better be ready to run the courts 24/7 eternally given the millions of dubious comments/opinions that are out there.
According to Myers-Briggs, I'm a "ENTJ-a"....
User avatar
Toss
Skies are Blue
 
Posts: 2061
Joined: Wed Mar 24, 2010 3:48 pm
Location: A figment of your imagination

Re: C.B.S. Eblana Avenue

Postby gingertom » Tue Aug 07, 2018 3:41 pm

Toss wrote:Technically anything that is said on the internet is subject to the same laws as if it’s published in any other format; in other words, the most likely charges that could be brought against a tweet or a status update are defamation – publication of a statement about someone which injures their reputation in the eyes of reasonable members of society – or incitement.

In practice this means that calling someone the worst curse word you can think of is a crap thing to do on Twitter but is unlikely to break the law – but making an untrue allegation about them could, as could encouraging or threatening someone else to commit a crime.

“It’s worth bearing in mind that crude abuse is not defamation, and thus a lot of what goes on online will not ground a defamation action,” explains Fergal Crehan, a Dublin-based barrister.

However crude abuse can possibly, if extreme enough, be prosecuted under the Prohibition of Incitement to Hatred Act, 1989. Unlike similar laws in other countries, this Act does not specify that the hate must be racial in nature. It simply makes it an offence to engage in actions ‘likely to stir up hatred’.

The use of fake names on social networking sites can also act as a barrier to cases being brought before the court. In order to take a case against a person who has said something on the internet, you have to first find and identify the perpetrator – which, as Fergal Crehan explains, is not always easy online.

“You can get a court order against Twitter or Facebook or whichever website is involved to hand over the IP and email details of individual accounts, but that requires an expensive trip to court which can end up doing you more harm than good,” explains Crehan.

The number of people arrested in Ireland for something they said on a social network is miniscule; a spokesperson for the Gardaí said that complaints have been made but the number of actual arrests made is very low.

Last year a Kerryman who created a Facebook page page entitled ‘Promote The Use of Knacker Babies as Bait’ was brought to court in a landmark case, charged with an offence under the Incitement to Hatred Act . The case was dismissed by the judge who said there was ‘reasonable doubt’ whether the 27-year-old had intended to incite hatred towards members of the Traveller community.

Three years earlier, a man was initially prosecuted in Dundalk District Court for posting obscene messages on a teenage girl’s Bebo page. However the trial was declared a mistrial due to a technicality over the charges that were brought against the man.

Cases have also been brought against bloggers and websites hosted in Ireland.

“Someone has to make a complaint in order for the matter to be investigated,” explained the Garda spokesperson. The Gardaí have a dedicated Computer Crime Section which mostly deals with fraud but also tackles issues of online abuse and offensive material.

Despite the huge number of people on Facebook and Twitter, there is little government impetus to introduce any specific legislation to deal specifically with online abuse.
http://www.thejournal.ie/arrested-faceb ... 1-Jun2012/


The internet is a bit like pandoras box and with the advances in technology, we are at the point where anyone with an 2nd hand 'pay as you go' smartphone can use free wifi to log on and post whatever they want ..... making it very difficult to trace. I think our little corner of the net is well monitored and should anyone decide we are worthy of a court case .... then the state better be ready to run the courts 24/7 eternally given the millions of dubious comments/opinions that are out there.



https://globalfreedomofexpression.colum ... v-estonia/

Read this case on electronic media publications carefully. It has binding authority over the cases you mention above Toss. An online news outlet in Estonia was held liable for comments posted upon its server and this was held not to infringe the right to free expression. Contributors should be aware of this ruling.

I refer to this quote on the link I provide above where it is stated that "While Estonian law was anything but clear-cut on whether an online publication could be held liable for defamatory comments posted on its website, the ECtHR determined that such liability was foreseeable. Specifically, by exercising control over and eventually publishing such defamatory comments, an online periodical such as Delfi violated Estonia’s Civil Code Act and Obligations Act."
zingerberi capillus et bene moratus.
User avatar
gingertom
Advanced Member
 
Posts: 426
Joined: Wed Oct 06, 2010 12:30 pm
Location: with the wigs

Re: C.B.S. Eblana Avenue

Postby Toss » Thu Aug 09, 2018 8:49 pm

gingertom wrote:
Toss wrote:Technically anything that is said on the internet is subject to the same laws as if it’s published in any other format; in other words, the most likely charges that could be brought against a tweet or a status update are defamation – publication of a statement about someone which injures their reputation in the eyes of reasonable members of society – or incitement.

In practice this means that calling someone the worst curse word you can think of is a crap thing to do on Twitter but is unlikely to break the law – but making an untrue allegation about them could, as could encouraging or threatening someone else to commit a crime.

“It’s worth bearing in mind that crude abuse is not defamation, and thus a lot of what goes on online will not ground a defamation action,” explains Fergal Crehan, a Dublin-based barrister.

However crude abuse can possibly, if extreme enough, be prosecuted under the Prohibition of Incitement to Hatred Act, 1989. Unlike similar laws in other countries, this Act does not specify that the hate must be racial in nature. It simply makes it an offence to engage in actions ‘likely to stir up hatred’.

The use of fake names on social networking sites can also act as a barrier to cases being brought before the court. In order to take a case against a person who has said something on the internet, you have to first find and identify the perpetrator – which, as Fergal Crehan explains, is not always easy online.

“You can get a court order against Twitter or Facebook or whichever website is involved to hand over the IP and email details of individual accounts, but that requires an expensive trip to court which can end up doing you more harm than good,” explains Crehan.

The number of people arrested in Ireland for something they said on a social network is miniscule; a spokesperson for the Gardaí said that complaints have been made but the number of actual arrests made is very low.

Last year a Kerryman who created a Facebook page page entitled ‘Promote The Use of Knacker Babies as Bait’ was brought to court in a landmark case, charged with an offence under the Incitement to Hatred Act . The case was dismissed by the judge who said there was ‘reasonable doubt’ whether the 27-year-old had intended to incite hatred towards members of the Traveller community.

Three years earlier, a man was initially prosecuted in Dundalk District Court for posting obscene messages on a teenage girl’s Bebo page. However the trial was declared a mistrial due to a technicality over the charges that were brought against the man.

Cases have also been brought against bloggers and websites hosted in Ireland.

“Someone has to make a complaint in order for the matter to be investigated,” explained the Garda spokesperson. The Gardaí have a dedicated Computer Crime Section which mostly deals with fraud but also tackles issues of online abuse and offensive material.

Despite the huge number of people on Facebook and Twitter, there is little government impetus to introduce any specific legislation to deal specifically with online abuse.
http://www.thejournal.ie/arrested-faceb ... 1-Jun2012/


The internet is a bit like pandoras box and with the advances in technology, we are at the point where anyone with an 2nd hand 'pay as you go' smartphone can use free wifi to log on and post whatever they want ..... making it very difficult to trace. I think our little corner of the net is well monitored and should anyone decide we are worthy of a court case .... then the state better be ready to run the courts 24/7 eternally given the millions of dubious comments/opinions that are out there.



https://globalfreedomofexpression.colum ... v-estonia/

Read this case on electronic media publications carefully. It has binding authority over the cases you mention above Toss. An online news outlet in Estonia was held liable for comments posted upon its server and this was held not to infringe the right to free expression. Contributors should be aware of this ruling.

I refer to this quote on the link I provide above where it is stated that "While Estonian law was anything but clear-cut on whether an online publication could be held liable for defamatory comments posted on its website, the ECtHR determined that such liability was foreseeable. Specifically, by exercising control over and eventually publishing such defamatory comments, an online periodical such as Delfi violated Estonia’s Civil Code Act and Obligations Act."


Sometimes life is more important than this bullshit .... get well soon Snowy and here's to the best of health to everyone on here.
According to Myers-Briggs, I'm a "ENTJ-a"....
User avatar
Toss
Skies are Blue
 
Posts: 2061
Joined: Wed Mar 24, 2010 3:48 pm
Location: A figment of your imagination

PreviousNext

Return to C.B.S.



Who is online

Users browsing this forum: No registered users and 1 guest

cron