Forum user sued

Ego T · 25-02-2010, 12:32 PM

Interesting precedent set in Australia.

Looks like defamation via the "anonymous" medium of internet forums has just taken a serious step into the courts...

THE AGE

Kryton · 25-02-2010, 12:46 PM

Theres 2 sides to every story.
Yes you can be sued for defamation but if he is already chasing another 2 people for slagging him off, maybe there is good reason why these people were slagging him off in the first place.

If you have done nothing wrong then why would you have a group of unrelated people trying to damage your reputation?

Sounds like he doesnt want the truth to get out.

Bucknaked · 25-02-2010, 12:59 PM

Maybe a lesson here for the keyboard warriors. Should be more people he'd accountable for the way they treat others.

MAD · 25-02-2010, 01:06 PM

Quote:

Originally Posted by davway

Theres 2 sides to every story.
Yes you can be sued for defamation but if he is already chasing another 2 people for slagging him off, maybe there is good reason why these people were slagging him off in the first place.

If you have done nothing wrong then why would you have a group of unrelated people trying to damage your reputation?

Sounds like he doesnt want the truth to get out.

It's the private detective launching 2 more cases. I would imagine for different clients.

I think its BS that we dont have freedom of speech protection in Australia.

Scott · 25-02-2010, 01:13 PM

HotCopper is a very, very emotive forum where people discuss their investments, share knowledge and generally keep themselves informed on what their stocks are doing. When a SP tanks through what is perceived to be the mismanagement of a company director, the boards light up with some really strong defamatory comments - on just about any stock you wish to look at.

People are investing their life savings and/or hard earned trading kitty and watching huge chunks go floating away can be a very stressful occupation indeed.

If HotCopper were to be really scrutinised, there would be hundreds of millions of dollars to be made in Defamation cases. Any lawyers out there looking to start a business together??

flappist · 25-02-2010, 01:24 PM

Quote:

Originally Posted by MAD

It's the private detective launching 2 more cases. I would imagine for different clients.

I think its BS that we dont have freedom of speech protection in Australia.

I would be more worried if there actually WAS total freedom of speech.

e.g. (1)

I do not like you because you drive a Ford that is quicker than my Holden.
I tell everyone I know that I have seen your Ford outside primary schools and you are giving drugs to kids and taking photos of them with your AK47 and teatowl on your head.
As this is gossip they tell as many as possible and all of a sudden you are a drug dealing paedofile terrorist AND THERE IS NOTHING YOU CAN DO ABOUT IT.

e.g. (2)

Let us say you are (for example) an engineer. You do a good job and run a reasonable business. Your Ford is a nicer color than my Holden so I must have revenge.
I write on every forum, blog and social network I can find total lies about how you stuff everything up, overcharge and even worse, drive a Ford.
You lose potential clients and therefore income as they see bad things written about you everywhere.
YOU CAN DO NOTHING ABOUT IT as I have freedom of speech.

Defamation laws are designed to protect us and although they are occasionally misused in the big picture they work pretty well.

Yellow_Festiva · 25-02-2010, 01:25 PM

Quote:

Originally Posted by MAD

I think its BS that we dont have freedom of speech protection in Australia.

We do have freedom of speech here, but if that is abused and defamatory then that is against the law.

What would you do if a guy who has an axe to grind with you parks a pink Combo out the front of your place with a sign "(Your name) enjoys manly lovin in the back of Holdens"??

The damage caused by uncontrolled wagging tongues, and fingers on a keyboard for that matter can ruin a persons livelihood and reputation for life.

MAD · 25-02-2010, 02:20 PM

There was a huge thing on whirlpool going back a while against a whitegoods manufacturer. The thread had to be pulled or the owners/directors/admin of the site were going to be sued for the comments users were making on the forum.

http://www.quinnware.com/forum/showthread.php?t=7304
http://whirlpool.net.au/wiki/?tag=WP_Censorship

**Charliewool** · 25-02-2010, 02:33 PM

Quote:

Originally Posted by flappist

I would be more worried if there actually WAS total freedom of speech.

e.g. (1)

I do not like you because you drive a Ford that is quicker than my Holden.
I tell everyone I know that I have seen your Ford outside primary schools and you are giving drugs to kids and taking photos of them with your AK47 and teatowl on your head.
As this is gossip they tell as many as possible and all of a sudden you are a drug dealing paedofile terrorist AND THERE IS NOTHING YOU CAN DO ABOUT IT.

e.g. (2)

Let us say you are (for example) an engineer. You do a good job and run a reasonable business. Your Ford is a nicer color than my Holden so I must have revenge.
I write on every forum, blog and social network I can find total lies about how you stuff everything up, overcharge and even worse, drive a Ford.
You lose potential clients and therefore income as they see bad things written about you everywhere.
YOU CAN DO NOTHING ABOUT IT as I have freedom of speech.

Defamation laws are designed to protect us and although they are occasionally misused in the big picture they work pretty well.

e g: (3) . You run a well respected IT company, DON'T even drive a Ford, have more smileys than emoticon central and come up with totally implausible scenarios, polls, hypotheticals and more pot-stirring dribble than ACA.
And I CAN say it because of "Freedom of speech".. So There!!

:

flappist · 25-02-2010, 02:36 PM

Quote:

Originally Posted by MAD

There was a huge thing on whirlpool going back a while against a whitegoods manufacturer. The thread had to be pulled or the owners/directors/admin of the site were going to be sued for the comments users were making on the forum.

http://www.quinnware.com/forum/showthread.php?t=7304
http://whirlpool.net.au/wiki/?tag=WP_Censorship

2Clix withdrew.

I suspect they worked out they really did not have a case and the bad publicity from this action was causing them even more grief as it drew focus onto the "quality" of their products and services.

flappist · 25-02-2010, 02:38 PM

Quote:

Originally Posted by Charliewool

e g: (3) . You run a well respected IT company, DON'T even drive a Ford, have more smileys than emoticon central and come up with totally implausible scenarios, polls, hypotheticals and more pot-stirring dribble than ACA.
And I CAN say it because of "Freedom of speech".. So There!!

:

Just as well that is a hypothetical implausible scenario......