Libellous statements
01 September 2011, 09:18 AM
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Libellous statements
We're aware of people's discontent with a transaction carried out by one member of the forum with a dealer who posts on Scoobynet.
We are also aware that people are making repeated posts, amending signatures, locations etc to discredit this dealer.
These posts are in breach of UK libel laws and if the dealer wishes to prosecute he can do so. Scoobynet would be legally bound to provide all the information it has regarding the posts being made and the individuals doing so.
You may not like what has happened but your actions in making such posts are illegal and as such are in clear breach of forum rules.
So far, such posts have simply been removed, but any further posts will result in infractions (for each post) which may result in bans for the individuals concerned.
Scoobynet MUST remain neutral in such cases and we MUST abide by UK law, so you may not like our approach but we have no choice in it.
Given the above, we are asking that people remove libellous statements from their signatures / location / profile immediately.
Any statements found subsequently will result in the actions stated above.
We are also aware that people are making repeated posts, amending signatures, locations etc to discredit this dealer.
These posts are in breach of UK libel laws and if the dealer wishes to prosecute he can do so. Scoobynet would be legally bound to provide all the information it has regarding the posts being made and the individuals doing so.
You may not like what has happened but your actions in making such posts are illegal and as such are in clear breach of forum rules.
So far, such posts have simply been removed, but any further posts will result in infractions (for each post) which may result in bans for the individuals concerned.
Scoobynet MUST remain neutral in such cases and we MUST abide by UK law, so you may not like our approach but we have no choice in it.
Libel
The legal definition of libel is a published (including broadcast) false statement
that:
• exposes someone to hatred, ridicule or contempt
• causes them to be shunned or avoided
• lowers them in the estimation of ‘right thinking’ members of society
• disparages them in their office, profession or trade.
In order to be a libel, the words used must refer to an individual or individuals who can be identified. It does not apply to an organization or group of people, unless what you write or say can be taken to refer to identifiable individuals in a group (so the smaller the group, the more possible for individuals to be identified).
How libel can occur
A libel is most likely to occur by accident. Anything you publish carries a risk if it includes inaccurate, unclear, ambiguous or unchecked facts which could be taken to reflect badly on an individual or individuals. You can even libel someone you did not know existed. And libel can be simply an innuendo or implication. But even truthful statements carry a risk; if you were sued you would have to be able to prove they were true. And even if you could prove that, could you afford the cost of a court case? The winning side might still have to pay thousands of pounds to its own lawyers. So the key to libel is to avoid it in the first place!
The legal definition of libel is a published (including broadcast) false statement
that:
• exposes someone to hatred, ridicule or contempt
• causes them to be shunned or avoided
• lowers them in the estimation of ‘right thinking’ members of society
• disparages them in their office, profession or trade.
In order to be a libel, the words used must refer to an individual or individuals who can be identified. It does not apply to an organization or group of people, unless what you write or say can be taken to refer to identifiable individuals in a group (so the smaller the group, the more possible for individuals to be identified).
How libel can occur
A libel is most likely to occur by accident. Anything you publish carries a risk if it includes inaccurate, unclear, ambiguous or unchecked facts which could be taken to reflect badly on an individual or individuals. You can even libel someone you did not know existed. And libel can be simply an innuendo or implication. But even truthful statements carry a risk; if you were sued you would have to be able to prove they were true. And even if you could prove that, could you afford the cost of a court case? The winning side might still have to pay thousands of pounds to its own lawyers. So the key to libel is to avoid it in the first place!
Any statements found subsequently will result in the actions stated above.
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Neil Smalley
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22 November 2001 02:05 PM