threat of libel from company via blog comment! Please help...

the summer me

Hi guys,

Please give us a bit of advice on a matter I'm in the middle of?

As a background, I'm a musician and signed up with a UK based online music distribution site in early March to distribute the album to 15+ online stores (iTunes, Amazon, Napster etc) for a release in early April. Their stated lead time was an upward timeframe of 6 weeks, with iTunes possible even after 1 day...

Then it all unravelled... As of launch date, album was nowhere to be found. After trying to get in touch with them for 3 days via email (they werent answering phones) it finally went on iTunes a week late. 3 more weeks passed until it went on some other sites, another few weeks for a trickle of some more and as of today (7 weeks after supposed launch) its now on 70% of sites.

Amongst all this I now have 35 back and forth emails asking for updates/movement and was getting useless emails talking about lead times being 'indicative only' and that its the fault of all the other sites for the delay, not this distributor I paid to act on my behalf. I was even told that an explanation for delay of 2 weeks between updates was that the employee I was dealing with moved house and had no web access at home in the meantime! My emails were very matter of fact as the time passed, curt enough tbf but I've worked in corporate customer support for 4 years plus and know how to write a strongly worded email without descending into name calling and coarse language. But as you can imagine with a CD release its all about timing so this delay was worse than a company being late delivering a TV, for example as I'm sure you'd understand.

I was advised to start expressing my dissatisfaction on some message boards and forums that compare different providers of online distribution and did so over the weekend on one such blog. Lo and behold, this morning their CEO no less mails me direct to say that I'm about to be sued for libel for the comment! So below is comment and his threat, paraphrased and with company details omitted..

The offending comment
Totally agree about [name omitted], my first album in the middle of a nightmare with them, no proper updates just useless platitudes about lead times (that have long since expired btw)!

Utterly useless, I’m in process of contacting alternatives to take over from their ineptitude. Does anyone know actually where I would go to make a complaint over them? Not to [name omitted] of course, I’ve done that to no effect some many times, but more so a UK body that may protect consumers against this sort of treatment?

And the paraphrased version of the legal threat
I hereby assert that you have 24 hours to remove your libellous comment from [link to blog]

Your comments are completely without substance and alongside your written admission of libellous give [company name] grounds for legal proceedings to be brought against you.


I strongly suggest you heed this warning.

Apologies for chapter and verse on my dealings with them, but after my general treatment by them and the 11 weeks its taken to still not have the paid for work completed, I feel this threat is really beyond the pale...
I feel I'm being muscled out of voicing any opinion as its not to their liking (even though the previous 2 comments on the same blog are equally as dismissive of this company with more choice language than I have used!). Finally I have contacted the moderator of the blog and he says he feels that there is nothing wrong with my comment and is happy to keep it hosted without fear of reprisal for myself or him.

Am I on shaky ground here with the libel they are threatening? I just want this whole thing sorted but this accusation has really irked me! Any opinions on the legality of their threat, and whether my words can be construed as libelous given that I have 35 emails proving these massive delays?!

Any help people can provide would be great I want to email them back by tomorrow night with some kind of response...

foggy_lad

Have you lied about your experiences with the company, or exaggerated the delays? Afaik and I am not a lawyer but to prove libel you must be lying in your blog entries. Have you kept all emails etc showing the delays including delays when you were contacting them about the delays?

Mimikyu

This post has been deleted.

Jumpy

Did they take a guess as to who you are?

Did not the fact that they found you by first name only, researched who was having major problems that mirrored yours then emailed you mean that what you are saying is actually backed up?

So sort of ditto on what foggy said as well. *cough*

PS I googled your comment, the company name is easily found.

Foxhound38

Again, I'm no lawyer but they appear to be chancing their arm with the threat in the hopes that you will cease criticising them - strangely enough, many companies do this. As long as you did not exageratte the extent of the delays or knowingly put up false information, they can't touch you for libel.

Keep the email back-and-forth between yourself and the company, along with any other documentation pertaining to your dealings with them just in case

jor el

the summer me wrote: »

Please give us a bit of advice on a matter I'm in the middle of?

If you're about to be sued for libel, then you need to get a solicitor. No one here can give you legal advice, as it's against the rules, not to mention it would be incredibly foolish to take legal advice from an Internet Forum.

I would suggest you stop asking about this online, as you only bring more attention to yourself, and may only strengthen their case against you, should you be found to have been libellous.

slave1

Why not turn this situation around, you now have a communication route with the CEO, take some time out to demonstrate your frustration with an actual summary of agreement and dates/emails between you and the company, that your blog was as a result of this protracted delay on their part and your feeling of let-down.
If this company is in any way customer focused then a comprimise of handling your account better and removal of blog comments could be to your benefit.

dudara

This isn't a Consumer Issue.

Moved to Legal Discussion

dudara

FreudianSlippers

Closed per no legal advice rule.