Our lawyers are watching and listening?

[m27]

As a lawyer, I believe he has been defamed, and he hasn't been helped by his union leader this morning. All very strange, seeing as the professional TV pundits and the ref deemed it not to be a foul at the time.
The suggestion of intent is ridiculous in my personal view, as an amateur player of a reasonable standard. I even take issue with the suggestion that it was reckless. It was a routine slide tackle, and there were probably dozens similarly made over the weekend.
The problem for the club is that they are damned if they do and damned if they don't but, again, my personal view is to fight fire with fire. I believe that the minimum requirement is that a strong statement be issued by MCFC greatly regretting the consequences of what was a strong tackle made without any malice, but denouncing the media witchhunt which has been mounted in the days since, and to name the guilty individuals and media outlets who are allowing this nonsense to gush forth. Alternatively, and I suspect this may be taking place, a suitably worded letter will be faxed to the relevant organisations this p.m. Hope so.

Cheers mate. Good post.

 

[Timperleyblue]

In fairness to Vicky Kloss she can only do and say what the hierarchy of the club tell her to do

 

[Duvet Rosler]

Having worked on both sides (in house national newspapers legal depts) and with media law firms I find all of the stories Re: City very frustrating, but silly as it sounds any defamation issues are usually quelled under fair comment or (perhaps more worryingly) truth.

I'll bow to your superior knowledge obviously but how could someone saying or writing that De Jong went out to injure a fellow pro be "fair comment" or "truth"?

No superior knowledge here, just a Law grad with a fair amount of work experience.

But I agree completely mate however, the defences are (despite what the press might say) quite wide. Ultimately sport, is a matter of public interest and it is deemed generally quite acceptable, or indeed desirable for there to be a degree of latitude in the level of criticisms commentators can aim at players, clubs, managers etc.

That said, until relatively recently, some of the publication restraints are equally ridiculous and the injunction files make for some interesting viewing!

 

[tolmie's hairdoo]

Having worked on both sides (in house national newspapers legal depts) and with media law firms I find all of the stories Re: City very frustrating, but silly as it sounds any defamation issues are usually quelled under fair comment or (perhaps more worryingly) truth.

I do understand where you are coming from.

However, when defamation impacts on restriction of trade, or image rights, there is a serious legal breach.

De Jong will be unable to perform to his maximum, either due to being suspended, subsequently fined in the future, based on a smear.

You must have heard of the saying once a thief...

A horrific challenge in a World Cup Final, has led to trial by media ever since.

Referees are not immune.

 

[BertTrautmann'sParachute]

As a lawyer, I believe he has been defamed, and he hasn't been helped by his union leader this morning. All very strange, seeing as the professional TV pundits and the ref deemed it not to be a foul at the time.
The suggestion of intent is ridiculous in my personal view, as an amateur player of a reasonable standard. I even take issue with the suggestion that it was reckless. It was a routine slide tackle, and there were probably dozens similarly made over the weekend.
The problem for the club is that they are damned if they do and damned if they don't but, again, my personal view is to fight fire with fire. I believe that the minimum requirement is that a strong statement be issued by MCFC greatly regretting the consequences of what was a strong tackle made without any malice, but denouncing the media witchhunt which has been mounted in the days since, and to name the guilty individuals and media outlets who are allowing this nonsense to gush forth. Alternatively, and I suspect this may be taking place, a suitably worded letter will be faxed to the relevant organisations this p.m. Hope so.

I agree, it would at least be nice to be damned for doing than not doing for a change. What is going on is simply character assassination.

 

[york away to this!]

this whole "jump on the bandwagon" anti-NDJ is simply ludicrous.

Has nige issued a statement via the club stating how he wishes the chap a very speedy recovery, though clearly there was not any malicious intent in the tackle?

Either that or it will no doubt come out of the wash that the current heightened global security alert will be somehow fastened on to Mr DJ.... "sorry" says the ref, "I was unsighted and did not see Mr Binladen hiding in mr De Jong's sock....throw the book at him!"

 

[Duvet Rosler]

Having worked on both sides (in house national newspapers legal depts) and with media law firms I find all of the stories Re: City very frustrating, but silly as it sounds any defamation issues are usually quelled under fair comment or (perhaps more worryingly) truth.

I do understand where you are coming from.

However, when defamation impacts on restriction of trade, or image rights, there is a serious legal breach.

De Jong will be unable to perform to his maximum, either due to being suspended, subsequently fined in the future, based on a smear.

You must have heard of the saying once a thief...

A horrific challenge in a World Cup Final, has led to trial by media ever since.

Referees are not immune.

Again, I agree and if I'm honest I think it was a cracking (pardon the pun!) tackle.

But you'd be very hard pushed to convince a judge on those grounds - there are so many factors that can impact a players performance (or "trade") and it would be, in my view, almost an impossible task to gauge the level in financial terms.

 

[Gelsons Dad]

Do you think he would have been dropped by Holland if the media had just accepted this as a strong but fair tackle?

Does being dropped by your national team not reflect badly on your personal reputation and as such restrict your earning capability through endorsements?

The bloke is being punished for nothing more than a few commentators mouthing off and the press jumping on the bandwagon.

 

[Duvet Rosler]

Do you think he would have been dropped by Holland if the media had just accepted this as a strong but fair tackle?

Does being dropped by your national team not reflect badly on your personal reputation and as such restrict your earning capability through endorsements?

The bloke is being punished for nothing more than a few commentators mouthing off and the press jumping on the bandwagon.

On the flip side, do you think the Dutch FA would admit they dropped him based on what the papers had written?

 

[Gelsons Dad]

Do you think he would have been dropped by Holland if the media had just accepted this as a strong but fair tackle?

Does being dropped by your national team not reflect badly on your personal reputation and as such restrict your earning capability through endorsements?

The bloke is being punished for nothing more than a few commentators mouthing off and the press jumping on the bandwagon.

On the flip side, do you think the Dutch FA would admit they dropped him based on what the papers had written?

As the Ref didn't see a foul and the FA have taken no action then the authorities in the nation where the tackle took place see no problem. There is no criminal prosecution against NDJ either so what are the Dutch FA basing their desicion on?