ALL MEMBERS PLEASE READ! - Libel and defamation

[Corabar Entertainment]

There were a couple of threads this week where we have had to remind members to be careful what you post, and even delete posts / threads.

To let you all know that we are not just being over-cautious, we have today received a communication from a well-respected firm of solicitors threatening legal action against us regarding another thread on the forum that they believe is defamatory and detrimental to their client's business.

Please think before you post anything about another person/business/company: if you cannot personally provide irrefutable proof of any accusation / insinuation, then DO NOT POST IT!

Someone else telling you something is not proof. Even something happening to you personally is not proof in itself. Something unsubstantiated posted on another website is not proof.

Please take care in your postings, and think twice before you post up anything that could be construed as either defamatory or libellous.

Thank you.

[Booche]

Read and understood :)

[Charlie Brown]

:sofa:

For the record - all my mates (who brought on a credit card) got their money back.

But, I understand. :)

[rob1963]

I'm pleased to see this announcement.

Lets hope it will be read & followed by ALL members of the forum.

[Corabar Entertainment]

...and this isn't the thread for little 'digs' or airing personal grievances either Rob :mad:

If anybody has any GENUINE questions/queries/comments then fair enough - I'll try and respond as best I can :)

[DJMaxG]

I have admittedly posted before about a certain company's level of practice (a supplier), but doubt this is the case that has arisen.

[DiscoPromotions]

...and this isn't the thread for little 'digs' or airing personal grievances either Rob :mad:

If anybody has any GENUINE questions/queries/comments then fair enough - I'll try and respond as best I can :)

Sorry to ask a stupid question here, but are you able to provide examples of what we can and cannot say..

[Corabar Entertainment]

Well obviously I can't go through everything that is or that isn't acceptable - you just cannot accuse someone of something without independent verifiable proof of the same - such as the thread the other day where someone had used photos on their website which actually belonged to a member on here.

The fact that the photos belonged to our member is a provable fact, and the fact that they were appearing on someone else's website is a provable fact - therefore fine to post up.

However, the thread then diversified and members were casting aspersions and accusing that person of other things as well - none of which had any evidence to suggest that was the case - therefore NOT fine to post up.

[DiscoPromotions]

However, the thread then diversified and members were casting aspersions and accusing that person of other things as well - none of which had any evidence to suggest that was the case - therefore NOT fine to post up.

Even, if there is no mention or links posted about that individual/company?

[Corabar Entertainment]

Well obviously if the individual/company/business is completely unidentifiable from the post, they wouldn't be able to take any action, would they?

However, I can't see the point in making such a post other than to poke fun/run down someone else, and as we've repeatedly said, that's not what this forum is about.

If I have misinterpreted your question, can you give me an example and I'll try to give a better answer?

[Kernow]

Angela,
Presumably this equally applies in the MDD Supporters Area ?

[DJMaxG]

The fact that the photos belonged to our member is a provable fact, and the fact that they were appearing on someone else's website is a provable fact - therefore fine to post up.

I know that yourself and the other forum staff do your best to deal with situations, but legally it wouldn't be the responsibility of the forum owner(s), wouldn't it be the poster that received blame?

I'm starting to get the picture. The example above was provable in this instance, but that isn't always the case? :)

[DJWilson]

I know that yourself and the other forum staff do your best to deal with situations, but legally it wouldn't be the responsibility of the forum owner(s), wouldn't it be the poster that received blame?

I'm starting to get the picture. The example above was provable in this instance, but that isn't always the case? :)



Max as the owners/staff of the website/forum there reliable for content on the website.

[Corabar Entertainment]

Angela,
Presumably this equally applies in the MDD Supporters Area ?As the Supporters area is not viewable publicly, the rules are more relaxed in there (as they've always been), but obviously that doesn't mean that we would allow clearly libellous statements to be posted :) The ability to discuss things privately that aren't for public consumption is one of the reasons that the Supporters forum was created.


I know that yourself and the other forum staff do your best to deal with situations, but legally it wouldn't be the responsibility of the forum owner(s), wouldn't it be the poster that received blame?Wrong! The owners of the forum are the 'publishers' and therefore can be held legally liable as such.

(Maybe a few pennies might drop here, and people may begin to understand why we have some of the rules that we do have in place :D )

[DJMaxG]

How about making the entire forum, or the main discussion forums (eg Mobile & MDD Chat) private?

I'm guessing almost all of it is publicly viewable for different reasons?

[Corabar Entertainment]

Max, we're not looking for suggestions here: just abide by the rules and the law of the land!

But just to answer your point: if we made the forums entirely private, no-one would ever find us or join up, which kind of defeats the object of having a forum!

[DJMaxG]

if we made the forums entirely private, no-one would ever find us or join up, which kind of defeats the object Gotcha ;)

[robbiedj]

Understood, Angela.

I dont think I have ever done it, but I take your point.

[DazzyD]

...

Wrong! The owners of the forum are the 'publishers' and therefore can be held legally liable as such.

(Maybe a few pennies might drop here, and people may begin to understand why we have some of the rules that we do have in place :D )

This is a point I've mentioned before. Anyone who puts anything at all on the world wide web is classed as a "publisher" in the eyes of the law when it comes to libel cases. Therefore webmaster and forum owners have the same responsibility as book and newspaper publishers when it comes to the "content" that they "publish". If that content is incorrect or unfounded then it can be challenged in court should a person/business/company/other entity feel that it could unfairly harm their reputation and/or standing. And libel cases are some of the most expensive cases to come before the UK justice system.

A couple of years ago one of the UKs leading law firms released a guide to help webmasters and forum owners avoid libel challenges. If I can find a link to it I'll post it up.

[Corabar Entertainment]

If I can find a link to it I'll post it up.:thumbsup:

[DazzyD]

This isn't the link I originally saw but it's along similar lines and could be useful:

http://www.arenaflowers.com/blog/2008/03/26/top-tips-for-avoiding-a-libel-charge-checklist-for-bloggers-not-slander-thats-different/

I'll keep looking for the original one.

Update:

This is Unison's advice for safe publishing. It's meant for branch newsletters but the principles equally apply to web publishing:

http://www.unison.org.uk/acrobat/B1875.pdf

[DazzyD]

And this is a US-based site but the information is relevant as the web is world wide publishing medium:

http://www.dba-oracle.com/internet_journalism_libel_laws.htm

All good information not only for forum owners but also for forum members as it helps to understand what you shouldn't post, why you shouldn't post it and the consequences of doing so.

Still haven't found the original guide, though. :(

[Corabar Entertainment]

And this is a US-based site but the information is relevant as the web is world wide publishing medium:Not really true - we would be governed by UK Law

But thanks for looking :D

[DazzyD]

Not really true - we would be governed by UK Law

But thanks for looking :D

What I meant was that this particular link mentions about how to avoid upsetting people in various parts of the world and shows how libel law differs in different countries which, I think, helps to broaden how we think of the subject (although some give it no thought at all!). It also has more of a cyber-slant to it than the Unison link.

[Corabar Entertainment]

Ah, with you now :approve:

[DazzyD]

It's me. I didn't make myself clear first time round. I am aware that this forum is governed by UK law but my post did read as if there should be some worldwide law to cover the internet. That would be a logistical nightmare to operate!