False comments posted on social media website

celt2005

I am wondering what the situation is regarding false comments posted on social media website about a business.

An anonymous poster made negative comments about my friends business on a forum, intimating he breached industrial relations law.

I asked for the comments to be removed, as they are false, and damaging to the businesses reputation.

The website has refused to delete comments, and has stated he has the right to reply !!! ,

This would just start a conversation with anonymous user, and allow them to continue damaging the businesses reputation.

The site has a function to allow (ex) employees to comment on pros / cons of businesses, it is US based site.

What is his next course of action, as site seems it will not remove the comments.

Bepolite

Sue for defamation in the US.

Pat Mustard

There are a number of issues here, OP.

1. You say that the comments are false and damaging to the business, but as we do not have the full details, we cannot know for sure if the comments fall within the definition of defamation, per the Defamation Act 2009. Your friend may need legal advice on the issue.

2. The website has refused to remove the comments so far. It seems that you have notified the site about certain issues. It is unclear as to whether the comments should be taken down, as we do not have enough information to know if they are defamatory or not. Even if the comments were defamatory, it is not clear whether the site has been appropriately notified of the nature of the comments, at this stage. Certainly, it seems from what you write that you made certain notifications to the site but it is not clear that you notified it on behalf of your friend or if you had authority to do anything on his behalf (although I am not 100% if this is absolutely necessary, I must admit). It doesn't seem from what you wrote that the aggrieved party made any notification, as such.

3. This is a point about gathering of evidence or the gathering of information that may lead to gathering of better evidence. So far, the poster who has made the disparaging comments is an anonymous poster. If your friend is planning on taking any sort of action against this party, he is going to need to know who he is. The information concerning his IP address would seem to have to come from the webiste in question, but this is just a layman's opinion. However, the site is going to have to be given whatever information is necessary to identify this anonymous person and/or his IP address. Among the information that can be given are the particular comments and the details surrounding them, such as the times of posting, etc. I would think that it would be a good idea to take screenshots and make printouts of all relevant information asap. It could be that a solicitor will have to do the running on this in order to get the relevant IP address information from the website, and then use that information to extract the poster's details from the appropriate ISP (Internet Service Provider).

4. If your friend wants to get legal advice concerning taking action against this anonymous poster and/or the website, he needs to get as much evidence as possible and bring it to a good solicitor. It could be that Counsel's opinion could be sought on the matter at an early stage, so I would imagine that your friend should be prepared to pay for that in early course, if he would like to see whether he has an actionable case in an Irish court, or if he wants advice on how best to proceed at this stage.

(You might note that the above is written from an Irish perspective, and I have no idea about what other remedies may be available to you in any other jurisdiction).

the world wonders

The Mustard wrote: »

(You might note that the above is written from an Irish perspective, and I have no idea about what other remedies may be available to you in any other jurisdiction).

US libel law is considerable weaker than Irish defamation law, especially when it comes to suing Internet services that publish comments made by third parties:
https://en.wikipedia.org/wiki/Section_230_of_the_Communications_Decency_Act

https://en.wikipedia.org/wiki/Carafano_v._Metrosplash.com

Five Lamps

the world wonders wrote: »

US libel law is considerable weaker than Irish defamation law, especially when it comes to suing Internet services that publish comments made by third parties:
https://en.wikipedia.org/wiki/Section_230_of_the_Communications_Decency_Act

https://en.wikipedia.org/wiki/Carafano_v._Metrosplash.com

Well it seems that solicitors acting behalf of well known Irish charity had no problem in making a hosting company remove a page from a website that was based and hosed in the USA.

celt2005

Lads,


Thanks very much for all the responses. They have been very informative.

As I said, the comments were made anonymously on a forum, intimating a breach of contract law within the firm. No specific comments, nobody you can point the finger at .... if employment law was breached, surely legal / industrial relations paths should have been followed?

Five Lamps,

You mentioned a case where an employer had comments removed from a forum, can you supply details please?

Pat Mustard

Not an employer/employee case but in case it is of interest:
http://www.courts.ie/Judgments.nsf/597645521f07ac9a80256ef30048ca52/0cddf4ff2653dca8802579ed00301580?OpenDocument

http://rate-your-solicitor.com/

celt2005

The Mustard,


Appreciate this, I know about this case. The solicitor was after the anonymous users, to prosecute them .... I think this was going a bit far ... we just want the comment removed, due to vague statements regarding breaching the law.

jd

The Mustard wrote: »

and then use that information to extract the poster's details from the appropriate ISP (Internet Service Provider).

AFAIR that would require a court order.

Five Lamps

celt2005 wrote: »

Five Lamps,

You mentioned a case where an employer had comments removed from a forum, can you supply details please?

Google Irish charity and Irishcentral.

celt2005

Thanks FiveLamps,


Its the big one in the news presently, I can only assume the ISP did not have the finances to defend what would be a legitimate case. IrishCentral published a story, they are not anonymous, and have been clear in their accusations.

The case I speak about is anonymous user making malicious and false claims that are damaging a business, there answer is you can reply ... starting off a pissing match with someone you do not know to make further untrue claims .... unreal situation.

seagull

Where is the forum hosted?

celt2005

Apologies for delay Seagull,


Hosted in the states

gctest50

The "Streisand effect" could occur from friends attempting to help/sort it out

http://www.economist.com/blogs/economist-explains/2013/04/economist-explains-what-streisand-effect

eg

I'd never have

Five Lamps wrote: »

Google Irish charity and Irishcentral.

and seen this :

http://www.independent.ie/irish-news/rehabs-angela-kerins-gave-incomplete-evidence-at-public-accounts-committee-30069026.html

or been reminded of this :

http://www.northernsound.ie/news/taoiseach-hits-out-at-charity-sector-scandals/


without this thread ....



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