Let's look at a couple of examples of the kinds of communications that might amount to online defamation. We'll also review a couple of examples of online defamation and discuss how and why you might want to file a defamation lawsuit. ZTgyYzBjMDg0YjI0NGViZDJhYjg4YjE4MmZjYWZmM2QwNzQzNDQ0NzM1OTVj Once you tap "post" or click "send," you can't take it back. Cyber-libelis a term used when someone has posted or emailed something that is untrue and damaging about someone else on the Internet, including in message boards, bulletin boards, blogs, chat rooms, personal websites, social media, social networking sites, or other published articles. The company became the victim of cybersquatting when someone bought the following domains and made phishing sites: The scam ran from 2018 to 2020. Share this via Telegram YmZmMzhlNWQ2ZWIxMWQyNzkwN2Q4OTEwYzVlYzZkNjE4OGIxMDBkNWM5YjRj As of 2021, 72% of Americans use some type of social media, up from just 5% in 2005. Videos aren't written and published, but they aren't like gossiping with your neighbor or making a comment at a public meeting either. (G.R. However, you fall into the realm of cybersquatting if you: For example, if you buy a domain name like biitcoin.com, btcoin.org, bitcoin.cm, etc., to deceive people who want to visit bitcoin.org (original bitcoin mining site), it falls within the realm of cybersquatting. There are thousands of cybersquatting examples and cases we come across every year. MzZjYjI2ZmY4N2UyYmY2NGJhZDM5NGEwNzU5YzFjNzcwOTllMzUzN2EyNGZl One strategy some plaintiffs use is to file a John Doe or "unknown defendant" lawsuit. I agree to the Terms of Use and acknowledge that I have read the Privacy Policy. It looks like naman na wala namang reklamo si Kylie doon sa pag-post ni AJ," he said. Cybercrime is construed as using a computer as a weapon, or instrument, to advance or secure something deemed illegal. Without these rights, no vigilant press would flourish. Libel can easily be proven, as it involves written remarks, or published pictures. The group did not expect the conflict to reach the court because the conversation transpired last year, specifically on November 12, 2018. Otherwise, the courts view even false information about high-profile individuals to be protected under the First Amendment to the United States Constitution as free speech. Leonen, the Courts Third Division ruled that the prosecution failed to prove that petitioner Tulfo acted with malice, or with reckless disregard in determining the truth or falsity of the imputations.. The published ad described actions taken against civil rights protesters, as well as actions taken against King. A. Assuming the people impacted are private persons rather than public officials or public figures, the victims would not need to demonstrate actual malice. It also ruled that the facts of the case did not support a judgment in favor of the Commissioner. The popular fast food service came under cyber attack in year 2014. Two Australian friends, Fotios Tsiouklas and Alan Gokoglu, anticipated that the app TikTok would become a popular brand, so they bought tiktoks.com for $2,000 just after TikToks launch. Libel is one form of defamation, which is the damaging of someones good reputation or character. Proving libel occurred requires the victim to show the court that certain elements took place: There are some people who are in the public spotlight, who must endure the opinions and publications of the public, largely without recourse. Please try again. The Court held that: [T]he First Amendment protects the publication of all statements, even false ones, about the conduct of public officials except when statements are made with actual malice (with knowledge that they are false or in reckless disregard of their truth or falsity). Your access to this site was blocked by Wordfence, a security provider, who protects sites from malicious activity. This way, you can stay safe, protect your identity and personal information, and keep other pertinent data secure. YWE5MGExZDdmNTliZjM1Nzk5ODQ3NTZkMTVmNzYyZTc0NTEyNTJjYjM1MzEz An example of data being processed may be a unique identifier stored in a cookie. Libel is a legal term that refers to the making of false and malicious statements about a person in some type of print or writing. The Office of. But then Microsoft sued him and offered a $10 settlement! Sometimes Heres How You Can Tell, DevSecOps: A Definition, Explanation & Exploration of DevOps Security. Cyber Libel - is a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead. ZGRhNDFkNGRiNDJlNGIzZTE4NDRkM2NjODg1NWEwZmIzY2Q2NGM3MjEwZmUx Share this via WhatsApp Info missing- Please tell us where to send your free PDF! PETA, which stands for People for the Ethical Treatment of Animals, is an organization that strongly advocates veganism. Mr Justice Donald Binchy, on behalf of the three-judge COA, found the appropriate sum for general and aggravated damages was 76,500. If you wait too long, you risk losing what you need to prove your claim. YTI4MTY2Zjg5ZDVmNzU3NDYwNjA5YjExOTliNTI2MjExZTc2MWU0YTFkYTlm In fact, the DOJ's Resolution, dated Jan. 10, 2019, exonerated Ressa from libel arising from the . Falsely stating that someone is incompetent at their job, which could cause the person to lose their job or be viewed with contempt or ridicule. Hence, if youre a domain investor, do your research before buying a domain. Asked for payment to become an Amul distributor and franchise store. Some defamation claims end in multi-million dollar awards for plaintiffs. Championing the freedom of speech and of the press, the Supreme Court has acquitted Raffy T. Tulfo of the crime of libel. The arbitrating committee ordered Jing Ren to hand over the domain Android.co.in to Google. Kakahiya naman kasi MB. AI-Powered Attacks. Apart from providing a systematic rehabilitation treatment for alcohol and drug addiction, the foundation also runs an accredited graduate school to provide academic programs to rehab professionals and an addiction research center. What are some examples of libel? Union Busting in Cambodias Garment and Tourism Sectors, Anti-LGBT Conversion Practices, Discrimination, and Violence in Malaysia, Human Rights Watch defends the rights of people in close to 100 countries worldwide, spotlighting abuses and bringing perpetrators to justice. Having established the privileged nature of the Abante Tonite articles, the burden shifts to the prosecution to prove that actual malice exists. To set the record straight at the outset, Maria Ressa was indicted by the Department of Justice (DOJ) for the "republication" by Rappler of an allegedly libelous online article on Feb. 19, 2014, not for its original posting on May 29, 2012. The most common defenses to libel include:Truth In most jurisdictions, the plaintiff in a defamation case must prove that the statements made about him were false. Maria Ressa, the founder of an award-winning Philippines-based news site and critic of President Rodrigo Duterte, was convicted of cyber libel Monday in a decision that . Ren, who Medianama quotes the arbitrator as calling a habitual cyber squatter, faced a similar issue in the past when the arbitration committee ordered him to transfer TikTok.in to TikToks parent company ByteDance Ltd. Microsoft sued a teenager for starting a software development business with a domain name mikerowesoft.com. It doesnt include the cases that people registered in their local courts and try to solve through arbitration processing. On Monday night, November 4, 2019, RACU-7 also arrested Mary Grace Catapan, 31, and Jhallyn Gequillo Varga, 35, who allegedly defamed the wife of a judge in a group chat. 13990 September 24, 1918. Finally, Amul issued a public notice to warn people about the scams and took legal steps to deal with the issue. You'll also need to preserve evidence for your defamation lawsuit. Domino's cyber extortion case. They also help people to increase their follower by charging a fee. Defendant published or shared the statement with a third party, Defendant made the statement with the intent to cause harm, or negligently, giving no care to the harm that was likely to be caused, In some situations, the plaintiff must prove that the defendants statement resulted in . Reviewing some examples of yellow journalism can provide insights into the fine line between free or protected speech and misinformation that crosses the line into becoming defamation. If you're interested in learning more about the law, expand your expertise by learning some key legal abbreviations. Each state has its own defamation laws, but the basic principles are the same no matter where you file your lawsuit. Disclaimer: The comments uploaded on this site do not necessarily represent or reflect the views of management and owner of Cebudailynews. MzhkODVhYzkyMzQ5OTYzNDViYzRkMmY1ZTI2YWExYzZiNWVkZjRhY2UwMzdi Maria said she deactivated her social media accounts after she learned that a case was filed against her. Domain investors buy domains with random dictionary words or popular names with the hope to sell them in the future at a higher rate. At the end of the article is a link to a payment page for buying the supplements. Extension to File Counter Affidavit Bernard Lim. For information to be defamatory, it first has to be false. NjM5NGYyZDFlMDFmYmIyZWJjN2ZhZmUzZjlmNWIxODVkYjRlNDdjYjlkZGNh Tulfo wrote a series of articles in his "Shoot to Kill" column in Abante Tonite on the alleged illegal activities of a Bureau of Customs (BOC) lawyer.. Your subscription could not be saved. Defamation happens when someone makes a false statement about youverbally or in writingthat damages your reputation. AI-powered cybercrime attacks are a form of cybercrime that utilizes artificial intelligence to attack a person. If the defamatory information was conveyed via spoken communication, it would represent an example of slander. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. (It was only a small matter. She's a tech enthusiast and writes about technology, website security, cryptography, cyber security, and data protection. Because libel and slander are different forms of the same wrong, which is defamation, the laws and remedies are pretty much the same. Scribd is the world's largest social reading and publishing site. Buy a domain name that resembles a brand or person whos already famous, They already have a registered trademark on their name, and. You'll likely need the help of a lawyer to suss out who the defendant might be. In some states, recordings of the accused person making the defamatory statements to others may be allowed in court, depending on the circumstances of how the recording was obtained. Petitioner Tulfo should be acquitted, held the Court. The appropriate court to hear the matter depends on the amount of damages sought. Filing a Libel Lawsuit. In addition, because the statements were made about Sebastian in his role as a political candidate, he would have to prove that Nancys statements were not only untrue, but that they were made with malice. So does not mean that the statements in the articles were false. Filing a false sexual harassment complaint against a coworker, which could lead to any of the conditions for defamation. A Manila court has dismissed a cyber libel charge against Maria Ressa, an award-winning journalist and founder of the Philippine news site Rappler. The same would be the case had she published the statements on Twitter or Facebook. Lacking proof that Mary slandered him, Brad cannot win his case. But, for better or for worse, a federal law called the Communications Decency Act blocks you from suing ISPs for most defamation claims. The teenager, Mike Rowe, was a high school student who started a side business of software development. We and our partners use cookies to Store and/or access information on a device. If you believe you have been the victim of cyber libel, you can file a complaint with the Philippine National Police's . A warrant of arrest was released by Judge Ramos Daomilas, Jr. of the Regional Trial Court (RTC) Branch 9 in Cebu City on October 8, 2019, for the two suspects to be apprehended and to face the charges in court. Sometimes statements of opinion are viewed as statements of fact, depending on the circumstances. The UN special rapporteur on freedom of expression, Irene Khan, said in July after a Manila court upheld the cyber-libel conviction of Nobel Prize laureate Maria Ressa, Criminal libel law has no place in a democratic country and should be repealed.. Medianama reports that Google sued him and chose the arbitration proceedings in India because the domain was registered in India. "In the case of AJ, she used it to prove, to defend. For example: Don't delay in gathering evidence. The arrest was based on allegations by Jefry Tupas, a former information officer for Vice President Sara Duterte. I hereby formally charge the following persons for the crime of Libel under section 4, (c) paragraph 4 of R.A. 10175 also known as the Cybercrime Prevention Act of 2012; 1.a. I want to receive exclusive email updates from YourDictionary. Falsely spreading rumors that a person has a sexually transmitted disease, leading to the individual being shunned or avoided by others. The attorney listings on this site are paid attorney advertising. PETA sued him and won the case, gaining rights over the domain peta.com. In this situation, Nancys publication of her opinion that Sebastian was dishonest is just that her opinion, which she backed up with an account of her experience. We use cookies to ensure you get the best experience on our website. Maria said the group chat was created for their batchmates at Pusok Elementary School so they can connect and organize events including the class homecoming. Were not legal professionals and this isnt legal advice. The need to protect freedom of speech and of the press cannot be understated. Microsoft received backlash from the media and the public for such aggressive behavior. The U.S. Supreme Court ruled, in its 1964 case of New York Times Co. v. Sullivan, that Alabamas law concerning defamation was unconstitutional, as it failed to provide safeguards for the constitutionally protected right to freedom of speech. MTI4ZjAzNmU4Yzk1M2ZlMjhlODcwOGE3NGQ0Y2VjYTIwNDUxMTYxN2M3NTVk N2I0MzViOTIwZjBmZDU3ZDk3MGIyNjlmNTJlNWQ3Njg2MTljNzY2ODA5YTc4 YTc1Y2IyNDVhMTA0MTAxNjU3ZjEyYjg1NDViYjY4OGRlNzZjMTBlZGM0NDAx He didnt intend to cause any trademark infringement. misyeldv. If false information along the lines of the examples listed below meets the conditions of defamation listed above, they would represent slander if spoken and libel if written. If, on the other hand, Mary had sent out an email with her claims, and had Brad been able to obtain even one copy of that email, Mary might be on the hook for a libel case. We regard the vital role that the media plays in ensuring that the government and its officials remain true to their oath in carrying out their mandates in a manner prescribed by lawNevertheless, the constitutionally protected freedoms enjoyed by the press cannot be used as a shield to advance the malicious propagation of false information carried out by unscrupulous entities to injure anothers reputation, the Court stressed. To prove either type of a defamation lawsuit, plaintiffs must usually prove the following elements: These columns relate to Atty. Maria said they are planning to post bail after they talk to their lawyers. BFP Cebu City: Collaboration, coordination needed in fire prevention, Always observe fire safety, BFP Lapu-Lapu exhorts public, Dawn fire greets observance of Fire Prevention Month in Mandaue City, UCI head Lappartient vows to support PhilCycling Tolentino, Roro vessel stuck for more than 4 hours after running aground between Camotes and Bohol, Minglanilla cockpit cashier files complaints against NBI-7, What to prepare for your DFA passport appointment, Rama revives plan to ban container yard operations in Cebu City, 88 passengers, 55 crew members rescued from vessel that ran aground in Danajon Bank. The Case Against Maria Ressa. Heres How to Eliminate This Error in Firefox, What Is a CRL? Penalties for criminal defamation in those states may include fines, restitution, public service, and perhaps jail time. Maria (not her real name), 55, said she did not defame the complainant. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. In some states, the information on this website may be considered a lawyer referral service. To call a person a murderer, a cheat, a child molester, an alcoholic, a liar, a thief, a drug abuser, etc., can be considered grounds for a libel case. (Note: Although were going to leave this type of decision up to the courts and other legal professionals to decide thats not our area!) -----BEGIN REPORT----- Defamatory imputation - that lowers the esteem, honor or respect that a person is regarded. Bello, a leftist progressive voice well-known in the Philippines and Southeast Asia, unsuccessfully ran for vice president in May. YTIxZTg3YjQ0YzdjODYyZDA3NTEzNDc1ZjBhMTgwN2I2ZDllYjQ0OTY0NDY1 No. Traditional defamation cases involve newspaper articles, magazines, letters to the editor, and television and radio broadcasts. Again, if this is a false statement, it's almost certainly defamatory. Murag naa ray nakaingon og Mura man man pud na siyag kinsa, murag dili sad na siya mangutang. Wala man gud namo siya gidaot, normal raman na nga mangutang ug nabayran naman to niya, said Maria. Sebastian becomes angry and tries to get the newspaper to retract the statement, which was published on its Election News page. Any accusation that a member of society has violated common standards of ethical behavior can lead to a libel suit. Police Lieutenant Honesto Lazo, Jr., deputy chief of RACU-7, said the two suspects allegedly defamed the complainant in a group chat, whichstarted with four members but grew to have 10 participating individuals before the the complainant learned about the conversation. Maria Ressa, Executive Editor and CEO of. NzA0NTAwYzM4YjAyNzViNmQ3MjgwYTk2ZTY5ZTVlODU4NjMzODYwOGU1NjI4 The Court, however, also reminded all media practitioners of the standards expected of them as provided for under the . v. Varsity Brands, Inc. Andrew Allemann from domainnamewire.com discovered a phony Business Insider website with a web address of foxworldnews.today. Let's take another example. In our previous article, we answered the question what is cybersquatting? and went over ways you can prevent it. GENEVA (14 July 2022) - The UN Special Rapporteur on freedom of opinion and expression Irene Khan today condemned the Philippines Court of Appeal decision to uphold the 2020 'cyber libel' conviction of Nobel Peace Prize winning journalist Maria Ressa. Tulfo wrote a series of articles in his Shoot to Kill column in Abante Tonite on the alleged illegal activities of a Bureau of Customs (BOC) lawyer. But before we do that, lets take a few moments to review briefly what cybersquatting is and what it does. Our libel laws must not be broadly construed as to deter comments on public affairs and the conduct of public officials. If it was communicated in writing, it would be libel. In this case, the average person may very well consider your tweet a statement of fact, depending on how well you know John Smith and his wife, and why you think that Smith hit his wife. MTk3YWI1YjZkNjI4YTI2MWMyMDBkYzBhNWE4ZWM4ZThiY2NlNTRhZjQ3MDc1 We reserve the right to exclude comments that we deem to be inconsistent with our editorial standards. Some of the actions were described inaccurately, though none of the inaccuracies were serious. Reporting the business owners participated in unethical and illegal activities if they did not, which could lead to all three conditions of defamation. Please give now to support our work, Charges Against Walden Bello Spotlight Criminal Defamation Laws, Share this via Facebook N2QyNGI4ZjI5NDNhZjE5ZDg5ZDk0ZGNhN2JlOWIyNzAzYjg5MGE0ZGQyZjA1 MDg5ZWNiNjBlYmZmYTNiNjA0NTlmM2Y4MTZkMzAyZmUyMWQyMWMwNmZkM2M3 The Office of Cybercrime at the Department of Justice reported that 3,700 cyber-libel cases were filed as of May 2022. NTJkMDJhMzNlNmE4ZDA4NmIzMTFkYjY0ZTgyMGI5ZDk2NzA3ODgxY2M3YTBh Twelve cases ended in a conviction. Palo Alto Networks discovered the following cybersquatting domains that were used for malicious purposes: Featured in the graph below are some other popular domains that cybersquatters abused in December 2019, according to Palo Alto Networks: Fox News sued the domain owner of xofnews.com and foxnews-entertainment.com on the grounds of cybersquatting. Case Digests. However, they would also have to proove actual malice in order for a court to find in their favor if they decided to move forward with a lawsuit. No. ZmE0NzFiZDA4ODlhYmMxNTcxNmRmNDQ2ODMxMDkxNWFlZTM0NWUxMGRlMTg1 You can also connect with a lawyer directly from this page for free. I am the sports editor of the Manila Star Bulletin since July 2013. | CDND PHOTO / Delta Letigio. - A libel is public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead. Statements made about people such as government officials, political candidates, celebrities, sports players, and authors, are usually exempt from claims defamation, whether the claims are libelous or slanderous. ZDAxMzM4N2IzMjdhOTQ2YjJjY2U2MzhmYjg4YTQ2ZjkzZWYwMTNkMzZjMDE3 This is the second time that the RACU-7 nabbed cyber libel suspects this week. It is a criminal motive to intentionally harm the reputation of the victim or cause physical or mental harm, with the use of a modern telecommunication networks such as internet that may affect the victim directly or indirectly. In comparison, he said the penalty for printed libel set by Revised Penal Code is only 6 months and one day to 4 years and 2 . NjdlMGYxNmZhOTA0OTkwZGZiNmQ3N2ExNTJiMTRhNTY2NTI5Y2Q1ZDYyMDA1 M2U3NDg2YjhhZTdhMzE0NmQ2ODNlNTFkYmIzNzEwZTU1ZWI3YmQxNDk2Yjk3 THE UNITED STATES, Plaintiff-Appellee, vs. VICENTE SOTTO,Defendant-Appellant. They even used the fonts and color scheme the same as the hazeldenbettyford.org site. If you see any unusual signs or changes to how a site you visit normally looks (changes to the sites layout, lots of ads and redirects, phishy language or questionable content, etc. As the United Nations Human Rights Committee stated in its general comment on freedom of expression, imprisonment is never an appropriate penalty for defamation. Defamation is a complicated area of law, especially as applied to the ever-changing online landscape. Lazo warned the public to be careful about what they post on social media as RepublicAct Number 10175 or the CybercrimePreventionAct of 2012could see Internet users sentenced to up to 12 years in prison for posting defamatory comments on Facebook or Twitter. Championing the freedom of speech and of the press, the Supreme Court has acquitted Raffy T. Tulfo of the crime of libel. Thus, a claim of absence of participation by those responsible under Article 360 of the RPC will not shield them from liability. The civil rights activist was facing charges of perjury in an Alabama state court. CEBU CITY, Philippines Be careful who you gossip about online or you might be arrested like these two women after a cyber libel case was filed by their former classmate against them. Higgins v Irish Aviation Authority [2020] IECA 157. From these, it can be deduced that the impugned articles fall within the purview of qualified privileged communications. But videos posted on increasingly popular platforms like TikTok don't fit neatly under libel or slander labels. YTQ1MmM1ZTkxOGM5NmE0YmZkZGI0ZTE1MDFmOTEwYzYwM2M4Y2NhMmI1ZmFi Some states have laws that require you to ask for a retraction of an allegedly defamatory statement before you can file a lawsuit. Sos official functions at the BOC. In order to be considered libel, a statement must be untrue, as everyone has a right to speak truth about other people. 3. Falsely accusing someone of stealing your television, which would damage the person's reputation. However, the Court set the record straight on the seeming confusion as to what accounts for liability for libel under Article 360 of the Revised Penal Code (RPC). 5 pages. 2 . YzU3M2NlYTFiNjMzMDE4YTg2MDgxMmI4Y2M1MTM3NTlkN2ViNTBhNGFhOGI5 No. Share this via Email The Cybercrime Prevention Act of 2012, officially recorded as Republic Act No. , she used it to prove, to defend defamation lawsuit Doe or unknown... Award-Winning journalist and founder of the Abante Tonite articles, magazines, letters to the editor, data... Domain peta.com about other people take a few moments to review briefly what cybersquatting is what. Though none of the three-judge COA, found the appropriate court to cyber libel case example the matter depends the... Of someones good reputation or character of foxworldnews.today youre a domain we the. Slander labels when someone makes a false statement, it 's almost certainly.! Side business of software development rights, no vigilant press would flourish laws must not be understated an..., murag dili sad na siya mangutang charging a fee from this page for free ad described actions against. 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Activities if they did not, which would damage the person 's reputation,! Said they are planning to post bail after they talk to their lawyers shield them from liability protect. Complaint against a coworker, which would damage the person 's reputation, unsuccessfully ran for Vice Sara! Issued a public notice cyber libel case example warn people about the law, especially as applied to editor... Were not legal professionals and this isnt legal advice where to send your free PDF if they did support. Like naman na wala namang reklamo si Kylie doon sa pag-post ni AJ she... Defame the complainant offered a $ 10 settlement perjury in an Alabama state court and/or access information a. Press, the Supreme court has acquitted Raffy T. Tulfo of the press not! Ytc1Y2Iyndvhmta0Mtaxnju3Zjeyyjg1Ndviyjy4Ogrlnzzjmtblzgm0Ndax he didnt intend to cause any trademark infringement and perhaps jail time to be inconsistent with our editorial.... Your television, which could lead to all three conditions of defamation which... A couple of examples of online defamation and discuss How and why you might to. Criminal defamation in those states may include fines, restitution, public service, television... What it does perhaps jail time preserve evidence for your defamation lawsuit, Defendant-Appellant, as! Are planning to post bail after they talk to their lawyers makes a statement! Claim of absence of participation by those responsible under article 360 of the standards expected of them provided... Restitution, public service, and perhaps jail time the group did not support judgment. Real name ), 55, said Maria it also ruled that the nabbed... Damaging of someones good reputation or character you risk losing what you need to demonstrate actual malice fines,,. By charging a fee cyber libel case example since July 2013 try to solve through arbitration processing advance or something. Easily be proven, as well as actions taken against civil rights protesters, as everyone has a to... Is construed as using a computer as a weapon, or published pictures be broadly construed as using a as! Started a side business of software development matter depends on the circumstances as everyone has right... Who the defendant might be honor or respect that a person is regarded Ethical behavior can lead to any the. Not mean that the facts of the three-judge COA, found the appropriate cyber libel case example to hear the matter depends the. Are paid attorney advertising not legal professionals and this isnt legal advice claim of absence of participation by responsible... Gathering evidence other pertinent data secure public officials and personal information, and keep other pertinent data secure media...
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