Opinions & Libel

PDD

Hi Folks,

I was hoping someone here could help clarify a question I have about people/forum users expressing opinions about specific people/service providers. To the best of my knowledge if I make a claim about a person x or service provider x then I am opening myself for a civil libel case to be taken against me - is this correct?

The specific example I had in mind is a website that allows you to rate or comment on service providers. If I were a customer or former customer of a service provider and I wanted to express my opinion about the service provider or the service does doing so in a written format (e.g. website) leave me open for a libel case?

PDD

Jo King

PDD wrote: »

Hi Folks,

I
The specific example I had in mind is a website that allows you to rate or comment on service providers. If I were a customer or former customer of a service provider and I wanted to express my opinion about the service provider or the service does doing so in a written format (e.g. website) leave me open for a libel case?

PDD

You certainly could. There is an absolute protection for the truth, however, so if you make any adverse comments you should be careful to ensure that your comments are accurate and that you can prove everything that you allege.

Tom Young

See this link from DRI for more information: http://www.digitalrights.ie/2006/01/06/libel-laws-in-ireland/

dermot_sheehan

If you publish a statement that lowers someone (including a company) in the eyes of right thinking members of society, you have defamed them and are civily liable. There are several defences available, one of which is justification, if the statement is true it is not defamatory, the problem is the burden is on the publisher to prove that the statement is true.

Tom Young

gabhain7 wrote: »

If you publish a statement that lowers someone (including a company) in the eyes of right thinking members of society, you have defamed them and are civily liable. There are several defences available, one of which is justification, if the statement is true it is not defamatory, the problem is the burden is on the publisher to prove that the statement is true.

I think you'll find that the good name of a company is not protected by libel law. We can debate injurious falsehood if you'd like

To clarify - It is possible (although relatively rare) for a legal person (i.e. a company) to bring a libel action - but simply saying something that is merely damaging to the company’s good name is libel understates the test.

Tom Young

I particularly love this: http://whirlpool.net.au/img/article/2clix/soc.pdf

A Statement of Claim in Australia against the ISP rather than the commentators or owners and operators of a website for hosting posts placed by disgruntled customers.

sh_o

Instituting proceedings against the ISP/ site owner would be a typical way of proceeding if the Plaintiff did not know the identity of the alleged poster so that they would then be in a position to seek discovery etc in order to get the identity of the actual poster - I presume the site owner would not be able to identify the poster without breaching data protection/ contract rules etc with the poster without an order of the court.

Tom Young

Please read the Digital Rights link I posted. In effect not necessarily, as the terms and conditions of use, or indeed charters might prevent that. In general terms discovery would be appropriate. The DRI article covers it off quite well.