Diver would have a solid record against Elon Musk [Video]



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Elon Musk, the billionaire technology pioneer, announced this week that he was calling a British diver a "pedo". The diver suggested that he could sue – and if he did, he has a strong case, according to two legal experts.

<p clbad = "canvas-atom canvas-text Mb (1.0em) Mb (0) – sm Mt (0.8em) – sm" type = "text" content = " UPDATE: Tuesday, the diver told Reuters : " I was approached by British lawyers, American lawyers, but I have not decided what to do yet. "[19659004]" data-reactid = "31"> UPDATE: On Tuesday, the diver told Reuters : " I was approached by British lawyers , American lawyers, I have not decided what to do yet. "

<p clbad =" web-atom canvas-text Mb (1.0em) Mb (0) – sm Mt (0.8em) – sm "type =" text "content =" Diver Vern Unsworth, who contributed to the dramatic rescue of 12 young boys and their trainer from a Thai cave, criticized Musk's self-proclaimed idea of ​​creating a mini- submarine to help the cause., CEO of Tesla, SpaceX, and Neuralink, wrote the following tweet: "data-reactid =" 32 "> Diver Vern Unsworth, who contributed to the dramatic rescue of 12 young boys and their coach from a Thai winery, criticized Musk's self-promoted idea to create a mini-submarine to help the cause. Sunday Musk, CEO of Tesla, SpaceX, and Neuralink, wrote the following tweet:

A screenshot of the Musk tweet now removed.

While Unsworth did not specify if he wanted to sue in the United States or the United Kingdom, he might have a case in one or the other country, according to two lawyers specializing in defamation.

& # 39; His attacks on the diver would go far …

To win a libel suit in the United States, an applicant must show that a defendant issued a false statement that harmed them. The plaintiff must also show that the defendant acted negligently or with "real malice", which means that he knew that the statement was false or that he was acting with "reckless disregard for the truth" [19659012] "Elon Musk is very rich. Said Kenton Hutcherson, a Dallas-based Hutcherson Law partner who specializes in Internet law, including Internet defamation.

"His attacks on the diver would go far. It's not like the diver could necessarily thwart the defamatory statements. "

" Calling a pedophile is considered defamation per se, "he added, referring to a defamatory statement on his face." The court will badume that this will cause bodily harm to the plaintiff. He suggests a badual impropriety. "

Hutcherson noted that the law on defamation varies by state in the United States" But generally, states are relatively uniform with respect to the law on defamation. If he had to bring an action in the United States, he would have a case – under the law of a state, provided he could establish jurisdiction, "he said.

In this case, Unsworth may decide to sue Musk in his state of California.

Elon Musk listens to a press conference after the first launch of a Falcon Heavy SpaceX rocket at the Kennedy Space Center in Cape Canaveral, Florida, United States, on February 6, 2018. REUTERS / Joe Skipper [19659021] & # 39; An extremely serious allegation & # 39;

<p clbad = "canvas-atom canvas-text Mb (1.0em) Mb (0) – sm Mt (0.8em) – sm" type = "text" content = "Unsworth would also have a strong case in the UK United, which has notoriously strict laws related to defamation, a type of defamation that consists of a statement published.United Kingdom, an accused must prove that his statement is not defamatory. " data-reactid = "66"> Unsworth would also probably have a strong case in the UK, which has notoriously strict laws related to defamation, a type of defamation that consists of a published statement. In the United States, a person suing for defamation bears the burden of proof. But in the United Kingdom, an accused must prove that his statement is not defamatory .

Some plaintiffs rushed to sue British law-abiding courts, including the Russian oligarch Boris Berezovsky, who sued forbes magazine in Britain

Lawyer Megan O & # 39; Taylor Hampton's Boyle also agrees that the diver would have a case in the UK: "Characterizing an individual as" pedo "is an extremely serious, highly defamatory and almost certainly threshold "

Therefore, in the Musk case," if the diver's reputation was seriously impaired here in England, he may sue, "said O. Boyle

" N & # Does not erase the fact that he made the defamatory statement "

When Musk was called on the charge, he first defended his own statement (before removing the offensive tweet) .

Musk responds to a person the appellant s ur the comment & # 39; pedo & # 39;

Remove tweet does not exonerate Musk, adds Hutcherson

"He stops the damage in progress – but it does not clear the fact that he made the statement defamatory to start with, "he said.

Yahoo Finance reached out to Tesla's media team for comment and did not receive an immediate response

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