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Defamation Act 2013

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  • #61
    Re: Defamation Act 2013

    MissFM - We've always stood up for people and the right to freespeech, and we are very proud to have been involved in a teeny tiny way with the Libel Reform group that helped bring these changes about, and nothing will change on that score. It simply means that we can be more confident now that LB will not be at threat because someone posts something that is false and defamatory, so although we already investigate the truth behind any claims as much as we are able to with extremely limited resources ( so me and google then), we now know we won't have to default to the 'better take it down in case they sue us' setting.

    By way of another example I took a thread down a couple weeks ago, which I had resisted doing so initially, as upon investigating I found that at least two of the three posters of the accusations levelled at the 'complainant' were actually the same person and there was nothing, anywhere, at all, with any inkling of similar issues.

    It'll never be a free for all, and we retain the right, obviously, to remove anything unsuitable from the site, however if there is a bonafide complaint (and the complainant has to give us their details too btw, and same thing with permission to pass on to poster etc) we know we can use the new WO defence if we follow the correct procedures.
    Last edited by Amethyst; 2nd December 2013, 19:14:PM.
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

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    • #62
      Re: Defamation Act 2013

      Originally posted by Amethyst View Post
      CleverClogs - I sincerely hope you had to google that or your mind is more full of useless information than my dear OH's.
      Google what?

      The Norwich Pharmacal Order? I already knew about it, just as I already knew about Anton Piiler Orders.

      Likewise, I already knew something of the "libel by parrot" case, which was cited by HHJ Salmon when he concluded that the alleged defamation by signal flags by Albert Haddock was, in anything, slander rather than libel and that the plaintiff (as the claimant was then called) would need to prove damages.

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      • #63
        Re: Defamation Act 2013

        Originally posted by CleverClogs View Post
        Google what?
        CatWeazel and the Tellingbone .

        I'm sure the rest is ingrained on your memory already. Catweazel is slightly more meaningless twaddle with which to fill the gaps in your mind.
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

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        • #64
          Re: Defamation Act 2013

          Originally posted by Amethyst View Post
          CleverClogs - I sincerely hope you had to google that or your mind is more full of useless information than my dear OH's.
          Who do I complain to round here that`s a vicious slur on my good character.................oh hang on..............you`re right, tangents are my speciality, case dismissed.
          Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

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          • #65
            Re: Defamation Act 2013

            Originally posted by Gorang View Post
            way I see this is
            if the first comment can be backed up with facts or proof then it would not be defamatory as it would be true due to fact and proof
            Oddly enough I had a post pulled on MSE recently where I referred to a particular CMC company by name and ''...also known as the Welsh Mafia'', which although was factually correct could possibly still be considered as potentially libelous, certainly by MSE. My own view was that it wasn't but it just goes to show that the line isn't necessarily that clear.

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            • #66
              Re: Defamation Act 2013

              Originally posted by Amethyst View Post
              It does not apply retrospectively, so only stuff that is posted after commencement which is in January 2014.
              So one might legally question someone's bathing habits until then?

              Comment


              • #67
                Re: Defamation Act 2013

                Originally posted by MissFM View Post
                Supposing there were an allegation made on here that was backed up with verifiable facts - would you still expect the poster to fight a defamation claim solo?
                I would like to know the answer to this too

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                • #68
                  Re: Defamation Act 2013

                  Originally posted by Amethyst View Post
                  CatWeazel and the Tellingbone .

                  I'm sure the rest is ingrained on your memory already. Catweazel is slightly more meaningless twaddle with which to fill the gaps in your mind.
                  Indeed - just like Peter Wimsey, "I have a mind like fly-paper".

                  I seem to recall that's from Strong Poison by - of course - Dorothy L. Sayers.

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                  • #69
                    Re: Defamation Act 2013

                    off the top of your head like
                    #staysafestayhome

                    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                    Received a Court Claim? Read >>>>> First Steps

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                    • #70
                      Re: Defamation Act 2013

                      Originally posted by Gorang View Post
                      if the first comment can be backed up with facts or proof then it would not be defamatory as it would be true due to fact and proof
                      Which can only be decided by a court (if the complainant launches a libel action) and who will pay for that if the responsibility for the burden of proof will transfer from the website operator to the poster?

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                      • #71
                        Re: Defamation Act 2013

                        Originally posted by PlanB View Post
                        I would like to know the answer to this too
                        In as much as any claims against anyone for anything are fought solo, yes, but no we're not going to kick you out into the cold and slam the door on your fingers really, are we.
                        #staysafestayhome

                        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                        Received a Court Claim? Read >>>>> First Steps

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                        • #72
                          Re: Defamation Act 2013

                          Originally posted by PlanB View Post
                          I would like to know the answer to this too
                          In my view it would depend on who the claim was against ie the poster, the site or both.

                          Comment


                          • #73
                            Re: Defamation Act 2013

                            Originally posted by EXC View Post
                            Oddly enough I had a post pulled on MSE recently where I referred to a particular CMC company by name and ''...also known as the Welsh Mafia'', which although was factually correct could possibly still be considered as potentially libelous, certainly by MSE. My own view was that it wasn't but it just goes to show that the line isn't necessarily that clear.
                            It is not difficult to understand how the Capo of the North Wales Taffia might be offended by comparing his family business to a CMC scam.

                            Comment


                            • #74
                              Re: Defamation Act 2013

                              Originally posted by Amethyst View Post
                              off the top of your head like
                              Well, sort of. I certainly didn't need to consider it for long - the only thing I Googled was the Catweazle video.

                              Comment


                              • #75
                                Re: Defamation Act 2013

                                Originally posted by CleverClogs View Post
                                Google what?

                                The Norwich Pharmacal Order? I already knew about it, just as I already knew about Anton Piiler Orders.

                                Likewise, I already knew something of the "libel by parrot" case, which was cited by HHJ Salmon when he concluded that the alleged defamation by signal flags by Albert Haddock was, in anything, slander rather than libel and that the plaintiff (as the claimant was then called) would need to prove damages.

                                Comment

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