Could you be sued over something you said on Boards.ie?

Darragh · 24-05-2010 03:44PM #1

Heya folks

Got this in the inbox today and wondered what you thought of it?

The users of Facebook and Twitter are being warned that they could be sued if what they post is damaging or defamatory to other people.

The Justice Minister Dermot Ahern says social media sites are not exempt from the state's defamation laws.

He made the remarks at the launch of the annual report of the Press Council which received 351 complaints last year, 200 of which presented evidence of a possible breach of the Code of Practice.

But Minister Ahern says its not just newspapers who must be careful what they print.

Now the same rules apply to Boards.ie - we have our Terms of Use, our Legal Guidelines and so on, but what do you think about it?

Should you have the freedom to say what you want about companies and people, as long as it's true?

Darragh

Yawns · 24-05-2010 03:47PM

That damn lady should have just paid her VRT!

Is she looking to sue us to get the money for it? I thought she had a cheque? Is she gonna sue me for asking that?

Well she better queue behind Eircom, cos I'm gonna test their new rule too

SirIrish · 24-05-2010 03:47PM

Well as long as it's true and you can prove that it is, then, yeah I believe you should be able to say what you want.

landsleaving · 24-05-2010 03:48PM

Brian Cowen is a gobsh!te.

Yeah, I'm a rebel, me.

Cheap Thrills! · 24-05-2010 03:48PM

I believe you can, contrary to popular belief.

Biggins · 24-05-2010 03:48PM

If a person has an opinion and can give just cause or reason for it (and should!), they should be allowed express it without a clear intention to baselessly provoke/insult/insinuate at the same time.
(I'm open to be wrong)

Indubitable · 24-05-2010 03:50PM

I must get a disclaimer in my sig saying something about advice blahblahblah in case they follow it and something bad happens etc.

alwaysadub · 24-05-2010 03:51PM

If they have proof to back up what they're saying, then yeah it should be allowed.

If they're just naming and accusing people based on what their mate's brother's uncle's workmate heard, then they should watch what they say!

SoulTrader · 24-05-2010 03:51PM

I'm not a lawyer so I don't know if remarks on Boards.ie would ever lead to somebody making a court appearance.

However, I do think the possibility of being sued can create a good code of conduct to abide by when making comments about people / businesses, i.e. don't say something if you're not prepared to defend your comments in court.

Hannibal Smith · 24-05-2010 03:53PM

Imagine if you could be sued I'd have Colonel Decker after me :eek:

Sparks · 24-05-2010 03:54PM

Darragh wrote: »

Should you have the freedom to say what you want about companies and people, as long as it's true?

As I understand it, we don't have that freedom outside of boards either - isn't there a provision in Irish libel law that says that even if what you say is true, that you're still guilty if it can be shown that you only said what you said in order to cause damage to the plaintiff?

Biggins · 24-05-2010 03:54PM

If I go to a show/concert/etc I might come and say later "I think Mr Smith was a terrible artist because..."

It think its "fair comment" - but its only right that I should also back up what I am saying by additional follow-up justification/reasons for my opinion - or situation if I find myself similarly in a tough one with a company.

Hogzy · 24-05-2010 03:55PM

In theory yeah but it would be really hard to prove for sure that you actually wrote the particular statement and that you intended it to be defamatory or were reckless to it being defamatory.

Id say youd be better off moving this to legal discussion

Orion · 24-05-2010 03:56PM

Darragh wrote: »

Should you have the freedom to say what you want about companies and people, as long as it's true?

Darragh

You do have that right as it is. It's only false and misleading statements that are classed as defamation.

Smart Bug · 24-05-2010 03:57PM

Really? I can be sued for stuff I say here? Oh crap.

In that case, the following people are not gay...

Blazer · 24-05-2010 03:58PM

makes sense...
If a newspaper can be sued for a false article and people can be sued for slander then obviously if I posted something false about someone on facebook/twitter etc then I'd expect to be sued as well.

SirJolt · 24-05-2010 03:59PM

The whole thing is very strange altogether, and while most seem to be falling on one side, I have to say that there's a small part of me that's thinking, "Well... yeah, that makes sense."

That said, my time in web based news writing always leads me to throw in an "allegedly"

Darragh · 24-05-2010 03:59PM

For those interested - here's the 2009 Defamtion Act : http://www.attorneygeneral.ie/eAct/2009/a3109.pdf

Hannibal Smith · 24-05-2010 04:01PM

Forums are based on opinion...Facebook and the likes use your real name so anything you say carries more weight and could be more defamatory imo.

You can't be sued for having an opinion.

token56 · 24-05-2010 04:01PM

Would this include the whole blasphemy law too? Could people be sued for something said on the internet that is against the blasphemy law?

General Zod · 24-05-2010 04:02PM

Very often the court action is more aimed at the provider of the platform rather than the person who said it, using litigation as a tool to prevent negative opinions being aired.

This is very concerning if this was suddenly turned on the user as well. Say goodbye to any dissent against those who speak against the legal trigger happy.

Biggins · 24-05-2010 04:05PM

One just can't post something like "Biggins is a randy, cannibalistic, homoerotic brain dead twat with murderous tendencies" without providing some sort of evidence to back-up their words.

If a poster was to JUST post the above comment without backing it up, they are easily open to getting their ass sued (and thats after Biggins is finished with it beforehand)!

Kasabian · 24-05-2010 04:07PM

Biggins is a randy, cannibalistic, homoerotic brain dead twat with murderous tendencies

in his owns words

Bring it on old man

Yawns · 24-05-2010 04:07PM

Biggins is a randy, cannibalistic, homoerotic brain dead twat with murderous tendencies

landsleaving · 24-05-2010 04:08PM

Kasabian wrote: »

Biggins is a randy, cannibalistic, homoerotic brain dead twat with murderous tendencies

in his owns words

Bring it on old man

Dammit, there I was getting ready to quote that, look down and bam! beaten to the punch!

Yawns · 24-05-2010 04:08PM

Indubitable · 24-05-2010 04:09PM

Yawns wrote: »

Biggins is a randy, cannibalistic, homoerotic brain dead twat with murderous tendencies

I hope he sues you now.

Biggins · 24-05-2010 04:09PM

Yawns wrote: »

Biggins is a randy, cannibalistic, homoerotic brain dead twat with murderous tendencies

Your ass is mine!

I'm a coming ...munch ...munch ...:pac:

Tar.Aldarion · 24-05-2010 04:10PM

Sparks wrote: »

As I understand it, we don't have that freedom outside of boards either - isn't there a provision in Irish libel law that says that even if what you say is true, that you're still guilty if it can be shown that you only said what you said in order to cause damage to the plaintiff?

Think that is true.

Also, yes we should Darragh, otherwise is nonsense. Then again I won't follow any law I don't agree with, and I imagine in this case most people won't stop ranting about others either.

Yawns · 24-05-2010 04:11PM

When your finished let me know when to expect a solicitor's letter

Biggins · 24-05-2010 04:13PM

Yawns wrote: »

When your finished let me know when to expect a solicitor's letter

Will do, just as soon as I dispose of the last body.

Opps, did I say that out loud!

Could you be sued over something you said on Boards.ie?

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