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The "we don't discuss things before the courts" thing

  • 03-08-2025 08:21AM
    #1
    Registered Users, Registered Users 2 Posts: 25,465 ✭✭✭✭


    I really don't understand this. No other forum in any country in the world that I visit does this.

    We have even had instances before here where something has been before the UK courts (a different fricking country) and we weren't allowed discuss while every UK forum discusses it.

    Can we get an explanation of the rationale here because this is obviously absurd.

    Why is Boards different to every other forum?

    As for the forum dying - I'd humbly suggest it's nonsense like this that is playing quite a part in that.



«134

Comments

  • Registered Users, Registered Users 2 Posts: 435 ✭✭New Scottman


    The standard response is that it has potential to affect the outcome. But has this ever happened?

    Boards are not as bad as The Journal where they turn off comments on

    1/ Cases that are finished with perpetrators sentenced and jailed

    2/ Random articles which have no ongoing litigation



  • Registered Users, Registered Users 2 Posts: 25,465 ✭✭✭✭Kermit.de.frog


    I'm aware of the stock response. I'd put the same question. Please direct me to any other forum anywhere on the internet that does this. You won't find one, at least I haven't.



  • Registered Users, Registered Users 2, Paid Member Posts: 898 ✭✭✭Avatar in the Post


    You know the reason, it’s a protection against being sued. Perhaps other boards are less risk adverse or there are different laws. Either way it’s boards.ie’s choice. Not sure if related, but they did have costly legally defences at some stage.



  • Registered Users, Registered Users 2 Posts: 37,109 ✭✭✭✭odyssey06


    It'd be good to get clarity as to whether 'before the courts' in the terms was meant to apply to all of these.

    A. Case before the courts in Ireland

    B. Case under appeal in Ireland so has already had ample details published in media

    C. Case in the UK / in UK under appeal

    D. Case in rest of world eg US

    "To follow knowledge like a sinking star..." (Tennyson's Ulysses)



  • Registered Users, Registered Users 2 Posts: 435 ✭✭New Scottman


    I mentioned it in my post - The Journal - if you want to call that a forum.

    Separately, I've also noticed Facebook comments are now limited on certain posts on The Irish Times and Irish Independent's pages.



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  • Registered Users, Registered Users 2, Paid Member Posts: 17,682 ✭✭✭✭elperello


    What is the argument for changing this rule ?



  • Registered Users, Registered Users 2, Paid Member Posts: 15,127 ✭✭✭✭Dial Hard


    I can understand the reason for it in Irish cases, even if it probably is an over-abundance of caution. But applying the rule to cases in other jurisdictions is bonkers, imo.



  • Registered Users, Registered Users 2 Posts: 435 ✭✭New Scottman


    It would allow valid criticism of the accused by people sympathetic to the victim.



  • Registered Users, Registered Users 2, Paid Member Posts: 17,682 ✭✭✭✭elperello


    Would this be a good thing considering the presumption of innocence ?

    Also who would decide on the validity of the criticism ?



  • Registered Users, Registered Users 2 Posts: 435 ✭✭New Scottman


    If the accused pleads guilty then it certainly wouldn't be an issue.

    The problem with closing comments means that the accused is automatically protected.



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  • Registered Users, Registered Users 2 Posts: 6,309 ✭✭✭eightieschewbaccy


    And why can't that be done when the case is concluded? Also it's pretty clear based on posters on that site that posters are happy to go after the victims. Eg even after Nikita Hand won her case, there were plenty of implications made about her. Now let's say a jury member googles the victim and makes conclusions based on posts about them. The jury aren't supposed to do that but some likely do. That's the site potentially affecting the outcome.

    The world isn't missing out if we don't get your opinion on the site until the trial concludes.



  • Registered Users, Registered Users 2 Posts: 435 ✭✭New Scottman


    The Journal have never allowed comments on the Ana Kriegel case. Even after the trial concluded. So no criticism of the accused has ever been permitted. That's not right.



  • Registered Users, Registered Users 2, Paid Member Posts: 17,682 ✭✭✭✭elperello


    But you think it would be an issue if the case goes to trial ?

    What is the advantage in allowing comment between a guilty plea and sentencing rather than waiting until the case concludes ?



  • Registered Users, Registered Users 2 Posts: 6,309 ✭✭✭eightieschewbaccy


    I'm guessing it's a risk of naming those who did it and it would pose legal issues. Also might simply be out of respect to her family and family's of victims. Families don't necessarily want their trauma to get a comments section on news sites.

    You're perfectly free to start a thread on the Kriegel case so I'm not sure what relevance this has to the thread.



  • Registered Users, Registered Users 2 Posts: 25,465 ✭✭✭✭Kermit.de.frog


    Let's say, for arguments sake, there is a terrorist attack in the country with many dead.

    The extension of the logic is that when the perpetrators are charged the following day we can't discuss it. Everyone else is discussing it but we can't discuss it here.

    The UK thing is a whole different kettle of fish. Last time I checked we weren't part of his majesty's realm so why we'd be abiding by their sensitivities is beyond me. I'm sure forums over there would do the same for us.

    Trump's been in court how many times? Was discussion stopped because he's before the courts?

    It's patently absurd.



  • Moderators, Business & Finance Moderators Posts: 11,040 Mod ✭✭✭✭Jim2007


    If you are willing to finance the legal cost of such exercises, then you could always open up a soical media site of your own….

    It's clear to almost everyone by now that boards.ie is not doing so well and understandably the owners don't want to expose themselves to any additional costs… it's not rocket science.



  • Registered Users, Registered Users 2 Posts: 25,465 ✭✭✭✭Kermit.de.frog


    Nonsense like this is part of the reason the forum is dying so your argument is chicken and egg really.



  • Registered Users, Registered Users 2 Posts: 435 ✭✭New Scottman


    The OP asked for examples of other forums where comments are turned off - that's the relevance.



  • Registered Users, Registered Users 2 Posts: 435 ✭✭New Scottman


    If there are legal proceedings, surely they should be against the poster not Boards?



  • Registered Users, Registered Users 2 Posts: 6,309 ✭✭✭eightieschewbaccy


    In fairness, you seemed to be getting annoyed by another site having a policy in relation to allowing comments. I just checked by the way, the journal don't allow comments on plenty of concluded cases. Eg Nikita Hand case doesn't have comments a allowed. I wouldn't say that's with the intent of protecting McGregor, would you?

    I think you're attributing ill intent when there isn't necessarily one.

    Anyway, I'm still unclear on the negative impact of you being unable to discuss a case until it's concluded in the courts.



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  • Registered Users, Registered Users 2 Posts: 11,438 ✭✭✭✭martingriff


    Because boards gave them the means to post what they did. Without it they could not have posted it. Also boards (if it did happen) should have done something about the post



  • Registered Users, Registered Users 2 Posts: 75,900 ✭✭✭✭FrancieBrady


    As well as armchair detectives Boards.ie would have a plethora of armchair solicitors and amateur barristers.

    Be careful what you wish for.



  • Registered Users, Registered Users 2 Posts: 2,399 ✭✭✭deandean


    IIRC, there was a court case 10 or so years ago when a complaint was made to the judge mid-trial about comments posted on this very Boards.ie; and it was a pretty serious situation. Maybe someone else remembers more details?



  • Registered Users, Registered Users 2, Paid Member Posts: 3,092 ✭✭✭Glaceon




  • Registered Users, Registered Users 2 Posts: 59,242 ✭✭✭✭walshb


    glad this mentioned. Here on boards it’s way way too “careful.” The McGregor appeal trial, which was very very clear on what he was arguing, had its thread closed. No way whatsoever our postings on that thread would have had any influence on the civil appeal.



  • Registered Users, Registered Users 2 Posts: 5,294 ✭✭✭Rubberchikken


    BBoards Is a small discussion forum in a small country so.i can see how they'd be too afraid of negative posts that while they might not affect a trusts outcome, might result in boards being sued. Hardly money in the coffers to exist never mind pay litigation costs.



  • Registered Users, Registered Users 2, Paid Member Posts: 17,682 ✭✭✭✭elperello


    The problem with deciding on a case by case basis is that someone has to make the call.

    A blanket ban is more manageable.



  • Registered Users, Registered Users 2, Paid Member Posts: 882 ✭✭✭Dublin Calling


    The rule is about discussing 'Sitting Irish Court Cases'. The issue is the mods use this to stop discussion before court cases, don't enforce it for come cases, and randomly enforce it for foreign cases.



  • Moderators, Business & Finance Moderators, Social & Fun Moderators, Sports Moderators, Paid Member Posts: 57,804 Mod ✭✭✭✭Necro


    Incorrect. Directly from the Terms of Use:

    https://www.boards.ie/content/terms?site=desktop

    You agree, through use of this service, NOT to use boards.ie to:

    • post Material in respect of any matter that is currently before the courts
    • post Material that could be construed as scandalising the courts

    It does not specify any jurisdiction.



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  • Registered Users, Registered Users 2, Paid Member Posts: 19,070 ✭✭✭✭nullzero
    °°°°°


    I've asked the question multiple times in the last few days, can one example of posts on boards.ie being cited in a court be given?

    Beyond MCD two decades ago I've yet to get an answer.

    Boards is suffering whilst it's competitors allow these discussions without the need to finance legal costs that are never associated with them.

    On the whole the responses have been a mixture of "ask the owners" and condescending nonsense.

    You're saying the poster should finance their own legal defence in whatever platform they set up. Pray tell, when has this actually been an issue on boards?

    The response to this has been mind boggling tbh, all we're doing is asking for this issue to be re examined, and it's been taken extremely personally by a lot of mods in particular.

    This is the essence of the community we were told about by Odhrann and Mike a few weeks ago, it seems like we should just keep our mouths shut and do whatever we're told and question nothing. Some job creating a community.

    Glazers Out!



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