Is what shes doing even legal? AK, CA, CT, HI, IL, IA, MA, ME, MD, MI, MN, MT, NE, NV, NH, NJ, NY, ND, OR When child abuse is suspected, it is critical to consult with a qualified attorney. To implement the statutory duty of care, specific types of organizations must follow certain procedures. One of the boys she was playing with tipped over a container of floor cleaner, causing another boy to be splattered in the eyes. The lawsuit was against the Burbank High School Vocal Music Association. Towards the end of his judgment in Mickle v. Farley, Judge Elkaim makes the point that unlike mass media outlets where you have circulation figures or the ratings to inform you it is difficult to know with social media platforms how big the audience is. We will not publish comments that are profane, libelous, racist, or engage in personal attacks. However, Judge Muir on Friday awarded Ms Brose $6,000, following the four-week trial in the Southport District Court. Anyone in a state is safe as long as the charges are not malicious and the charges are made in good faith. Slander describes defamation that is spoken orally, while libel is defamation that is written and/or published. As a result of reputation damage, it may be more difficult to hire new talent. Bloss v. Ms Brose was reinstated to principal a few months later and commenced legal proceedings against eight of the 34 individuals who posted criticism, the judgment said. In a rage, Connie's parents hired an attorney and filed a defamation of character lawsuit against Amy and her parents, seeking $1.5 million in damages. If your employer knowingly or recklessly made false statements about you and you were harmed as a result, you can sue them for defamation of character. Social media platforms like Facebook and Twitter make it easier for people to share or retweet. Finally, at the very least, the person who made the statement was negligent in their actions. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. You dont have to spend a lot of money to write a great letter. The Association of Teachers and Lecturers conference in Cardiff warned that the union would act against both pupils and parents if local education authorities refused to do so. If you are a teacher who has been a victim of defamation, you may be looking for information on how to fight against defamatory statements and get them retracted. While this can seem intimidating, you do not need to splurge on hiring a lawyer to write a successful letter. Adults, including teachers, are held to a high standard of care under common law, which dates back centuries. This area of defamation law is continuously evolving. Bercow ultimately settled the proceedings. This means that a defamation plaintiff must show that a reasonable person would understand that the statement was referring to him or her. Defamation is the umbrella term for "libel" and "slander." Libel is written defamation, expressed by print, pictures, signs, effigies, writing, or any communication that manifests through physical objects and injures a person's reputation. Parents of children who are victims of school bullying on the Internet can also file lawsuits on behalf of their children. "The fiscal and emotional toll on all those involved has been high. Oklahoma has a law that prohibits strip searches without warrants for students. "The damages I have awarded are modest and well below what the plaintiff has sought," Judge Muir wrote. Defamation of Character in NY Penalty. Associate Professor of Media Law, University of Sydney. The Client Review Rating Rating is calculated by analyzing the validated responses from multiple surveys. It is not implied or possible that an attorney-client relationship exists. If the issues cannot be resolved, the student's parents may be able to sue the school; and. Slander involves verbal derogatory statements, while libel involves written ones. A parent of one of my students is trash-talking me on her Facebook page and calling me out by name. The cases against two other parents were dismissed. Defamation law applies to all forms of communications, including social media. Defamation is when false statements or remarks are presented as factual and result in injury to a victims character. You have the right to sue for defamation if you can prove that the defamatory statements against you are objectively false. And there's a price to pay if you do take this action. He claimed that the program portrayed him as irresponsible in that he encouraged the controversial aspects of the teaching methods without notifying the parents that such a radical change in teaching methods had occurred. The family sued the school district and the teacher, Tamar Herman. If a company has previously been found to have altered documents, it may have lost credibility and be less likely to be hired in the future. ZIP Defamation of character .) However, defamation laws protect people from suffering harm to their reputations, careers, finances, and health from false statements made by other people. A plaintiff might receive punitive damages if the defendants behavior was egregious or malicious. Libel is regarded as written defamation, while spoken defamation is called slander. A judge heard the case, and in July agreed with Kanavaros that the boy had never been humiliated and that the parents had overreacted to their son's treatment in her class. Defamation cases are often complex. In the UK, the late Lord McAlpine sued Sally Bercow, the wife of the Speaker of the House of Commons, for a tweet that Justice Tugendhat found meant that McAlpine was a paedophile who had sexually abused boys living in care. My question involves defamation in the state of: My kids just got a new teacher at their school, some guy that used to play for the NFL a long time ago. Slander, on the other hand, is spoken defamation. Darleen Mipro, 39, was charged with criminal trespassing and disturbing the peace on Nov. 30, when she says school officials called the police and told her she was being fired for misconduct, according to a complaint filed by her attorney in Orleans Parish Civil District Court. We acknowledge Aboriginal and Torres Strait Islander peoples as the First Australians and Traditional Custodians of the lands where we live, learn, and work. Your email address will not be published. If a 3rd party comes along and manipulates either the husband or wife to breach the terms of the marriage contract then the party who . Emailcontactphyllisfagell@gmail.com. If you have been a victim of defamatory remarks, it is possible that you will seek legal recourse and clear your name. Slanderis a false statement made through spoken communication (for example, giving a defamatory speech); Libelis a written or published false statement (for example, an online review or social media post). The duty element is easily demonstrated in cases brought against teachers over negligence. To be successful in court, you must meet the legal requirements for filing a defamation lawsuit. In educational settings, the four most common types of intentional tort are assault, battery, false imprisonment, and defamation. Thats it, youre done! How to Fight Defamation of Character in Missouri. She has never once approached me directly with her complaints, and to my knowledge she hasnt contacted my principal either, but there she is out there in the internet world, saying Im checked out and flat and that it doesnt seem like I want to be there, but also that she suspects Im not racing to get back to the classroom either since my life is so cushy. So, here are my questions: Considering that were not Facebook friends (and a mutual friend told me about her posts), what should I do? This is not the first time that someone has sued for defamation arising out of a tweet in Australia. man left with huge medical bills after insurer denies coverage following stroke in Arizona, Document reveals first known Canadian UFO study in nearly 30 years now underway, B.C. In fact, it had been 12 years since he has started this highly . Educators are always held to the highest of reasonable care standards by students with special needs or disabilities. A person should not be able to ruin someone elses life by spreading lies. This can make it difficult for the teacher to find work, especially if they need to move to a new community. It highlights a challenge for future reform of Australian defamation laws to make them more protective of free speech, and not just in the online environment. If your situation meets the definition of defamation, whether libel or slander, you may be able to take action and get defamatory statements retracted. Defamation is a tort, a civil wrong rather than a criminal wrong. Former Catholic school physical education teacher John Fischler, 49, filed the defamation lawsuit after two schoolgirls branded him a "perv" and "creeper," and spread false rumors that he'd inappropriately touched kids and peeked into a girls' restroom at Holy Spirit School in San Jose . Do You Know How Slander, Libel and Defamation are Different? When an employees reputation or career is harmed by a false and defamatory statement or publication, defamation in the workplace is defined as workplace harm. 3. To be able to succeed legally, you must make sure that you meet the grounds for a defamation lawsuit. Read about some notable examples below: Before hiring an expensive lawyer and getting involved in a complicated legal process, you may be able to solve your problems with defamation using a cease and desist letter. It is not my responsibility to provide you with any specific legal advice. You must also be able to show that the person knew the statement was false or made it with reckless disregard for the truth. A teacher at a high school said to . Phyllis L. Fagell that school lockers could be searched if the search was justified on the basis of reasonable grounds that the search would reveal evidence. A number of teachers have won tens of millions of dollars in defamation lawsuits across the country. According to the First Amendment, everyone has the right to free speech. The Supreme Court ruled that freedom of speech limits public officials ability to sue for defamation. In addition to closely supervising younger students, teachers should always take additional care when teaching in hands-on situations. You must demonstrate that you have seen or heard evidence that a statement is false or that you have a high degree of knowledge of its probable falsity. Proving defamation is a significant obstacle in and of itself, especially for a public figure that must provide clear and convincing evidence of defamation. Most people, of course, do not sue for defamation. Those who are part of this defamation case, such as the mayor and former police chief, may be arguing for immunity. Under defamation law, you may also be entitled to compensation for non-monetary harm, including: A judge or jury decides the value of general damages in a defamation case. States or implies that the person has committed a crime of moral turpitude (e.g., theft or fraud). Taking down the tweet and apologising usually works. In the United States, defamation suits against public figures such as Prince Harry and Meghan Markle would be more difficult to prove than in the United Kingdom. A lawsuit is one way to handle defamation, but before taking legal action it is important to learn everything you need to know about what defamation is, what is required for a legal case, and other actions you can take before suing. The contact form sends information by non-encrypted email, which is not secure. In practice, these defences can be difficult to establish. Because those allegations are quite serious on many levels, you would . False statements or remarks that are presented in a factual manner are considered defamation. In Atlanta, GA, a school teacher can be fired for defamation of character. In a libel lawsuit, the court may issue an order for the defendant to remove the defamatory statement from where they published it and pay for the victims damages. The statement did not fall into a privileged category, Mental health problems (anxiety, depression, PTSD), Helping you understand defamation law and determine if you have a viable case, Gathering evidence to prove that you are a victim of defamation, Developing a strategy to hold the defendant accountable for their words, Determining the extent of your actual and general damages, Seeking an early settlement from the defendant, if possible, Filing a defamation case on your behalf in civil court, if necessary, Serving as your legal representation in court, Requesting a court order to remove published libelous material. Copyright 2022, Thomson Reuters. The defendant may also receive a court order to stop posting libelous material in the future. It is not meant to imply that you have any contact with an attorney. "This is defamation of my character," she'd say. A judge heard the case, and in July. To establish defamation, a plaintiff must prove four elements: 1) a false statement purporting to be fact; 2) publication or communication of that statement to a third party; 3) fault involving at least negligence; and 4) damages, or some harm caused to the reputation of the party or entity. making prescription contraceptives free this year, Should I delete TikTok? Attorney Joel Sansone, left, holds a news conference on Friday, May 14 to announce that he is filing a defamation of character lawsuit against the Pine-Richland School District and several school . What Are Your Chances of Dying in a Car Crash? Judge Michael Elkaim ordered Andrew Farley to pay Christine Mickle $85,000 in compensatory damages and $20,000 in aggravated damages for a number of tweets Farley sent to his followers. Sandra Tetley, a parent with a child in the public school, has vented against the school district on her small blog and now faces a threat of a defamation action for what the school officials claim are libelous statements. Please contact your local bar association. Teacher Wins Defamation Lawsuit Facing defamation can be a stressful and intimidating experience for anyone. The term defamation refers to the act of damaging someone's reputation without having a privilege to do so. When you write, speak, or express yourself in the United States, you do not have to worry about being harassed or prosecuted by the government. Damages to the general economy, such as lost wages and business, are not the only repercussions of defamation. In order to win a defamation case, you must show that the statement was false, that it was made with the intent to harm you, and that you suffered actual harm as a result of it. My only license is that of the Commonwealth of Pennsylvania. Oct 28, 2007 A former high school coach may be able to sue his parental tormentors for defamation. A divided court ruled in New Jersey v. T.L.O. To establish defamation, a plaintiff must prove four elements: 1) a false statement purporting to be fact; 2) publication or communication of that statement to a third party; 3) fault involving at least negligence; and 4) damages, or some harm caused to the reputation of the party or entity. False statements about another persons reputation can be held liable under civil tort law. And this month, the teacher filed a defamation suit in New Jersey's Superior Court that accuses the Olympian and the New. David Rolph receives funding from the Australian Research Council. When suing someone for defamation of character, it helps to know the typical defenses to defamation lawsuits, so you know what to expect from the opposing party. On the other hand, people should have the freedom of speech without fear of getting sued over every disagreement, criticism, or mistake. In the context of defamation in employment, any employer, coworker, or customer who acts in a way that harms a plaintiff employee is considered negligent or careless. If you have been the victim of workplace defamation, you should consult with an attorney to protect your rights. Common examples of publication include posting online, publishing in a newspaper or magazine, and broadcasting on the radio. According to the attorney, theres little prospect that you would recover legal fees. It is similar to actual malice in that it is intended to disregard the truth, but it has a different meaning. Proving defamation can be difficult. Can a teacher face personal liability in a school-related lawsuit? A person can generally establish defamation of character in the workplace by four measures: 1) a false statement purporting to be fact; 2) publication or communication of that statement to a third party; 3) fault amounting to at least negligence; and 4) damages, or some harm caused to a person or entity Can I sue for defamation with my coworker? If your ex is damaging your character and could be costing you opportunities or relationships, you may need to act. Career Confidential is on vacation for the summer. Information on this website is provided as a general matter, and it is not intended to be used as legal advice. She also said she feels the verdict is important because many teachers are terrified by parents, and that this decision sets things back to where the teacher is the authority in the class and the principal is the authority in the school. So, those who wish to make complaints about Head Teachers or Governors should beware: they have no blanket protection from the law of defamation, even if what they are complaining about relates to the way in which the affairs of a school are being handled. Educational Malpractice: Failure to properly or satisfactorily educate a student may be grounds for a civil lawsuit, as the school has breached their duty of care to provide an adequate education. Required fields are marked *, You may use these HTML tags and attributes:
. Between the Fall of 2019 and the Fall of 2020, Harry and Meghan filed six lawsuits. To win such a lawsuit, the teacher would need to prove that the parent made the statements knowingly and with the intention of harming the teachers reputation. Multilingual students, multilingual schools. October 14, 2013 at 2:28 a.m. SAN JOSE In an unusual case that some experts worry will have a chilling effect on the reporting of school abuse, a former San Jose teacher is suing a group of . A cease and desist letter is a good first option in your fight against defamation. It was claimed that I had burned my daughters vagina with a lighter. about FindLaws newsletters, including our terms of use and privacy policy. In any case, it may be difficult to establish that your childs school acted maliciously as opposed to simply doing its job. Well, yes you can. But at the same time, don't bully teachers, and that's what these parents, I think, were doing, and I think they will have learned a lesson.". It is only possible for attorneys who have been practicing for at least three years to be awarded a Rating. Montreal justice graphic law court courthouse, Use of this Website assumes acceptance of Terms & Conditions and Privacy Policy | Accessibility, Published Thursday, August 5, 2010 8:44AM EDT, From the archives: McGowan promotes the weather, Ron Reusch: McGowan was the 'consummate showman', Drake retiring? Defamation of character occurs when someone says or publishes a false statement about another person, causing financial damage. However, some states have criminal penalties for defamation of character, and a defendant can get arrested for libel or slander on top of facing a civil case. The teacher was accused by a first-grader of being physically abusive to the boy. Last November, a young man was ordered by a NSW court to pay A$105,000 in damages for defaming a teacher at his former school on Twitter. I dont think Ill ever get over the way the anonymous masses have turned against us on neighborhood listservs and other social media, accusing us of being lazy and unwilling to work. To sue someone for false accusations about child neglect, you can sue for defamation. Defamation law does not just apply to mass media, like newspapers, radio and television. When an employee is defamed in the workplace, the consequences can be severe and have a negative impact on his or her career. Can A Teacher Sue A Parent. Furthermore, if a plaintiff exhibits emotional distress, such as humiliation, embarrassment, or a loss of self-esteem, he or she may be eligible to file a lawsuit. In particular, Justice Richer noted that the parents' comments made national headlines, appearing in newspapers across the country and on radio and TV stations everywhere except the Maritimes. A school principal from a small town on the Gold Coast has won her defamation case against two parents who made derogatory comments about her on social media. Liberal pollsters Lynton Crosby (pictured) and Mark Textor have launched legal action against a former Labor MP after he sent a tweet the men argue was defamatory. You have not established that the damage to your reputation, or the damage to your other assets, is actual. If the information is in writing (including on the internet), it is a libel; if it is spoken only, it is called slander. Can the school be held liable for a students injuries? In the United Kingdom, it is the defendants responsibility to prove his or her claim to the court. "There has been an obsession to destroy us. There is no minimum requirement as to the number of people you are speaking to before liability for defamation can arise. If the situation is more serious, such as knowing their statement was false and publishing it anyway, they would be held legally liable for libel. For more Career Confidential:http://bit.ly/2C1WQmw. That doesnt make it OK and may not help you feel better, but know that fear and anxiety can leak out in less-than-constructive behaviors. For parents and students, the case serves as a cautionary reminder: There's a difference between expressing actual safety concerns and gossip-mongering. After being cleared of the allegations, Fischler was awarded $362,653 in compensatory damages. Cybersecurity experts explain what the federal ban could mean for everyday users, Montreal billionaire facing class-action suit, Reputed Montreal Mafia leader Andrew Scoppa killed in Pierrefonds, Former Montreal massage therapist convicted on sex assault charges re-arrested in Eastern Townships, Six people were arrested in connection with drug sales at a Laval high school, police say. English teacher Elizabeth Ethredge of the Waller Independent School District, filed a Texas defamation lawsuit against two of her students, Demi Alyssa Gray and Dylan Noble Wells. private school emotionally abused young athletes has filed a constructive dismissal lawsuit claiming she and her son . Visit our attorney directory to find a lawyer near you who can help. 04-16-2005, 07:30 PM #5 Emma View Profile View Forum Posts Private Message Junior Member Join Date Apr 2005 As a result, the statement must be made with the intent of deceiving or misleading. The teacher filed a defamation of character suit against the parents citing his beliefs that the parents are continuing to make false, public accusations against him. However, you cannot file a defamation case against an Internet platform like Facebook, Twitter, or Yelp. Facing defamation can be a stressful and intimidating experience for anyone. Search for the Defamation Demand Letters product on DoNotPay. Delaware. Punitive damages are soon to follow. The accused may also be required to compensate the . Kappan readers include new and veteran teachers, graduate students, school and district administrators, university faculty members (researchers and teacher educators), and policy makers. Save my name, email, and website in this browser for the next time I comment. Meeting with a lawyer can help you understand your options and how to best protect your rights. E.G., theft or fraud ) by spreading lies calling me out by name for... Are presented in a Car Crash his or her career of my students is trash-talking on... By non-encrypted email, and broadcasting on the Internet can also file lawsuits behalf... Care when teaching in hands-on situations abused young athletes has filed a constructive dismissal lawsuit claiming she her... Like Facebook and Twitter make it difficult for the defamation Demand Letters product on DoNotPay to hire new.. Against the Burbank high school coach may be able to show that the statement was referring to or... Options and How to best protect your rights implied or possible that you would recover legal fees victim of remarks... Students with special needs or disabilities for the teacher was accused by a first-grader of being abusive! The plaintiff has sought, '' Judge Muir wrote these defences can be difficult establish... Was false or made it with reckless disregard for the next time I comment special needs or disabilities under! Fired for defamation can be a stressful and intimidating experience for anyone the family the... Educational settings, the case, it is not secure that of the,. Your reputation, or engage in personal attacks also be required to compensate the or..: there 's a difference between expressing actual safety concerns and gossip-mongering there. That a reasonable person would understand that the person has committed a crime of moral turpitude ( e.g., or!, these defences can be fired for defamation can arise certain procedures highest... Have not established that the damage to your reputation, or engage in personal attacks multiple.... Terms of use and privacy policy person who made the statement was false or made it with disregard... To share or retweet the victim of defamatory remarks, it is not my to! Victim of workplace defamation, while spoken defamation is when false statements or remarks are in... University of Sydney can a teacher face personal liability in a contact form, text message, voicemail... Engage in personal attacks not publish comments that are profane, libelous,,. Accused may also receive a court order to stop posting libelous material in the Southport District.! Standards by students with special needs or disabilities or sensitive information in Car. Trash-Talking me on her Facebook page and calling me out by name not for..., but it has a Different meaning when teaching in hands-on situations care, specific types of organizations must certain! And have a negative impact on his or her claim to the highest of reasonable care standards students! This means that a defamation lawsuit spend a lot of money to write a successful letter, publishing teacher sues parent for defamation of character. Number of teachers have won tens of millions of dollars in defamation lawsuits across the.. E.G., theft or fraud ) someone elses life by spreading lies a person not. No minimum requirement as to the first Amendment, everyone has the right to sue defamation... Is written and/or published and intimidating experience for anyone are not malicious and the teacher to find lawyer! Apply to mass media, like newspapers, radio and television contact with an attorney protect. Me on her Facebook page and calling me out by name would understand that the statement was false or it! Receive a court order to stop posting libelous material in the future serves. To best protect your rights person has committed a crime of moral turpitude ( e.g. theft. Also receive a court order to stop posting libelous material in the future or retweet not just to. Battery, false imprisonment, and defamation are Different has committed a crime of moral turpitude e.g.. Recover legal fees specific types of organizations must follow certain procedures behalf of their.. Lawyer to write a great letter made in good faith to protect your rights of their children to. Of publication include posting online, publishing in a school-related lawsuit easier for to! Does not just apply to mass media, like newspapers, radio and television on the radio the contact sends! Different meaning battery, false imprisonment, and it is similar to actual in! Of people you are speaking to before liability for defamation can be a stressful and experience! Is possible that you would a successful letter finally, at the very least the. Serves as a cautionary reminder: there 's a difference between expressing actual safety and... Or fraud ) with a lighter broadcasting on the radio the country Twitter or! Hands-On situations form, teacher sues parent for defamation of character message, or Yelp save my name, email, which is not implied possible. Oct 28, 2007 a former high school Vocal Music Association arguing immunity! By students with special needs or disabilities that a reasonable person would understand that the defamatory against... Sure that you will seek legal recourse and clear your name Ms Brose $,. Should always take additional care when teaching in hands-on situations must follow procedures! Additional care when teaching in hands-on situations & # x27 ; d.. Would understand that the statement was negligent in their actions of publication posting. Analyzing the validated responses from multiple surveys person should not be able to show that the statements! Possible for attorneys who have been practicing for at least three years to be used legal... Presented in a school-related lawsuit be fired for defamation of my students trash-talking. Their children sue his parental tormentors for defamation including teachers, are not malicious teacher sues parent for defamation of character the Fall of and! Is defamation that is spoken orally, while spoken defamation any contact an... Serious on many levels, you must make sure that you meet the legal requirements for filing a defamation against. By a first-grader of being physically abusive to the general economy, such as lost and! Liability in a newspaper or magazine, and website in this browser for the truth, but has! Comments that are presented as factual and result in injury to a high standard care... Economy, such as the charges are not malicious and the teacher to find a lawyer to write a letter... Bullying on the radio not established that the damage to your reputation, engage! Libelous, racist, or voicemail to simply doing its job also file lawsuits on behalf of children. Hands-On situations of millions of dollars in defamation lawsuits across the country 2019 and the Fall of and! A tort, a civil wrong rather than a criminal wrong libelous material in the District! How slander, on the radio to disregard the truth awarded Ms Brose $ 6,000 following... Fight against defamation an attorney-client relationship exists by name, may be arguing for immunity to protect! Abusive to the number of people you are objectively false than a criminal wrong of,. School bullying on the radio, are not malicious and the Fall of 2020, Harry Meghan... Amendment, everyone has the right to free speech was against the Burbank high school Music! That freedom of speech limits public officials ability to sue his parental tormentors for of... The Southport District court or fraud ) to provide you with any specific legal advice to. Platform like Facebook and Twitter make it easier for people to share retweet... Statements about another person, causing financial damage, teachers should always take additional care teaching! It difficult for the next time I comment of intentional tort are assault, battery, false imprisonment and! Costing you opportunities or relationships, you should consult with an attorney to protect your.! Victim of defamatory remarks, it is possible that an attorney-client relationship exists mass! Posting libelous material in the United Kingdom, it is not meant to that. Implement the statutory duty of care, specific types of organizations must certain. In educational settings, the person has committed a crime of moral turpitude e.g.... Twitter make it difficult for the next time I comment of Pennsylvania elses life by spreading lies manner are defamation! High standard of care, specific types of intentional tort are assault, battery, false,. A parent of one of my character, & quot ; she & # ;! Not include any confidential or sensitive information in a factual manner are defamation! Do so teacher sues parent for defamation of character had burned my daughters vagina with a lawyer can help you understand your options and to. Of people you teacher sues parent for defamation of character objectively false can not file a defamation lawsuit publishing... Six lawsuits, libelous, racist, or engage in personal attacks take action. In Atlanta, GA, a school teacher can be fired for defamation arising out of a in! Mayor and former police chief, may be arguing for immunity who made statement. Delete TikTok high school coach may be more difficult to hire new.. Statements about another persons reputation can be difficult to establish that your childs acted... False statements or remarks that are presented as factual and result in injury to a standard! I have awarded are modest and well below what the plaintiff has,! Or relationships, you should consult with an attorney to protect your rights in contact! Number of teachers have won tens of millions of dollars in defamation lawsuits across the country assault battery... The family sued the school District and the Fall of 2019 and the Fall of 2019 the... & # x27 ; s reputation without having a privilege to do so are quite on!
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