WTF has this world come to!!! has no one got any back-bone any more, all this PC bulls**t makes me sick.
Soon people will be getting pulled into court for looking at someone the wrong way, and we'll have to ask permision to speak to one an other.......what aload of bullc**p.
Theres Probably some truth in it!... if he got that twitchy about it, and took it all the way to court.... now he can sue me to......nonce
Remember that the woman in question commited libel and slander on the forum (libel is spoken, slander is written IIRC).
No worries for this site, we all know that Pentwyn is a #!@#$!#$%! !#$!@#$ who likes big @#$@% up her @#$@#$ while her granny watches. Also B.Liar cannot complain as he is a traitor and deserves a good shoeing
So we have just been telling the bold and open truth.
Its worrying to me that the service provider was made by the courts to give the authorities the details of who was making the posts. Theres nothing stopping that happening on this site or any other discussion forum if someone believes themselves libled by you.
but if you read it, it doesnt seem like the normal "pentwyn why don't you f*ck off and die?" posts she was making. it was "mr x (real name) from so and so is a paedophile and an axe murderer and a bumbandit". so a bit different. the mods are strict on real names etc and clamp down on it. so shouldn't be an issue.
OK, PTP - the sites no names approach and moderation policy (some heavier than others PTP ) make it unlikely that someone from arrse would end up before the beak on a libel charge. This situation should highlight the fact that just because your acting under a username, doesent mean you can escape the law. Its probably wise these days to think twice before you type "so and so is a noncing dog rapist" into an online forum.
but was she libelling "abcman12384 is a noncing dograpist" or "mr john smith of 123 jones street, alphabettown is a noncing dograpist"? cos i got the impression that it was a bit of the second... username vs true identity... as when you clicked his username, it gave his real identity. whereas on here, you click on someones profile and it is more likely to provide a link to "camelshagging.com"
p.s. just checked the article and the original complainaint was actually called mr smith
mr smith, i just wish to make it clear that the above example was in no way intended to suggest blah blah blah...
If some one is standing for public office and you get labelled a sex offender then your chances of getting elected are about Zero. Now if there is no truth to her statements and he has lost all the money he has put into the election campaign you can understand him suing that person who who with malice of fore thought went out of their way to destroy his reputation. Also with some thing like that who it could cause him employment problems and cause trouble amongst his friends. Just why should a person be allowed to destroy some one just because they feel like it. Or because that can on the internet and get away with it.
I tell you from experience you have to be careful. I got stitched up like a kipper on an AGAI67 just because I sent a derogatory Email, as a CIVVY. Got a 3-month warning. Alright it was a stitchup to cover inadequac........ better shut up.......... pass the tin foil hat. It had nothing to do with people being other peoples best ever friend or any other relationships. It had nothing to do with anyone tellng porky pies, and had nothing to do with the boss being told a few home truths. Grin and bear it...........B A S T A R D S !!!!!!!!!!!!!!!!!!
I now work in broadcasting and have a pretty good understanding of the law on defamation. There are some strong warnings here for ARRSE and just saying it couldn't happen is not good enough. The simple act of being sued can mean huge legal costs before anyone is declared innocent or guilty.
We have an advantage here in that made up site names mean that slagging someone off is unlikely to diminish their standing or reputation in public. Where we sometimes cross into dangerous territory is when slagging off public figures with off the cuff comments which might be massively funny to our quirky minds but could easily be perceived by anyone from the public coming onto the site and reading it as diminishing the slaggees standing.
Only four things you can do:
1. clear rules
2. tight moderation
3. have defamation insurance (the site that is)
4. having received a complaint that someone believes they have been defamed issue strong apologies and retractions. Issue the slagger with a strong disciplinary warning. Put everything in writing and keep all copies. You may still get sued but it will reduce the award.
Oh, by the way, it is becoming standard practice here in Australia that lawyers representing the slaggee will sue the radio DJ, the radio station, the directors of the station and even the Training Manager of the station with a view that at least one will stick. It is a silly tactic but does cause untold grief.
The other thing is that even if ARRSE, the site had defamation insurance that only protects ARRSE. Should a case be successfully brought against ARRSE then the Insurance company having paid out will take a seperate action against the person who posted the slagging to recover their money. Always think twice before slagging someone off by name.
Difficult question as it depends on what exactly was said. Even though a name was not mentioned was it reasonable to expect third parties to know who it was. Where was it said, in other words how public was the utterance?