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Facebook Libel?

  • 12-09-2011 12:56pm
    #1
    fresh123
    Closed Accounts Posts: 8 ✭


    Hi,

    Just a quick question to see if anybody could answer a basic question.

    If an individual posts comments to an open facebook group regarding a business, I assume that action could be taken if these comments were defamatory and one should consult a solicitor?

    Thanks.


Comments

  • #2
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    It is possible to defame someone on Facebook. Not saying it applies to your situation but it definitely is possible.


  • #3
    Wile E. Coyote
    Registered Users, Registered Users 2 Posts: 1,560 ✭✭✭Wile E. Coyote


    I'd image Facebook will only be liable if you bring it to their attention and they refuse to remove it.


  • #4
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Wile E. Coyote wrote: »
    I'd image Facebook will only be liable if you bring it to their attention and they refuse to remove it.

    Mulvaney says you're correct. Doesn't stop the original author being liable however.

    http://www.courts.ie/__80256F2B00356A6B.nsf/0/669D0A8DA2D31AE2802575A6004E5E63?Open


  • #5
    FreudianSlippers
    Registered Users, Registered Users 2 Posts: 20,397 ✭✭✭✭FreudianSlippers


    Deleted User wrote: »
    Mulvaney says you're correct. Doesn't stop the original author being liable however.

    http://www.courts.ie/__80256F2B00356A6B.nsf/0/669D0A8DA2D31AE2802575A6004E5E63?Open
    Just being devil's advocate, but... Facebook's presence financially in Ireland depends on this interpretation being "incorrect" in law. So, while I agree it is the soundest logic - I would almost bet future case law relating to online media will ultimately suggest otherwise.

    Edit: actually, on second thought I don't even necessarily think the logic is that sound. As a mod: if you defame someone and "x" user "reports" it. It goes to all the mods. So say Tom is the only one around able to deal with something and he sees the email but is too busy IRL to deal with it, but believes myself, Dermot or Max will deal with it promptly - but that doesn't happen, then boards.ie is potentially liable to a case in defamation due to the "pre-moderation" rule - which is really not fair since we aren't actively "approving" your comments.

    Yes, we can edit them... and the rule is that we must/should edit them (not boards, but legally - seemingly) within a "reasonable" period of time... now, we all know what "reasonable" means (whatever we want it to based on our argument!).... is it fair? I think it could be argued that if boards.ie hired their moderators as staff it would be one story and their actions/inactions may be attributable to the corp., but I really don't see it fair to place liability on the inaction of a volunteer moderator on a company due to the Mulvaney principle... and I'd wholeheartedly argue that it ought not to apply in these type of internet (non-premoderated forum) situations.
    The fact is that this site is post-moderated and the whole "get it down ASAP" rule that stems in a way from Mulvaney is silly and wrong.


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