Defamation

[Wizardofzzz]

Hi all,

 

In recent years, forums have evolve from being a discussion and chit chat medium to a place where users now log onto to share views and share feedback on personal experience. Potential buyers are now savvy enough to ask around or read on forums before purchasing

 

Bad purchases, rouge dealers, unfair practices, unreasonable pricing have all been posted in one way or another by end users

 

My question is that, what then constitute a defamation??

 

For eg, I wrote about a bad experience about car dealer XXYYZZ and in return company ring me up and want to sue me for defamation.

 

Is the phrase "Sue you for defamation" a way use to frighten off net users or to indirectly tell us watch your mouth and what you say!

 

If one day such incident do happen on you, will you stand up strongly for your rights and belief that what you have posted is true or issue an apology to ease matters off?

 

views?

[Unltd]

Hi all,

 

In recent years, forums have evolve from being a discussion and chit chat medium to a place where users now log onto to share views and share feedback on personal experience. Potential buyers are now savvy enough to ask around or read on forums before purchasing

 

Bad purchases, rouge dealers, unfair practices, unreasonable pricing have all been posted in one way or another by end users

 

My question is that, what then constitute a defamation??

 

For eg, I wrote about a bad experience about car dealer XXYYZZ and in return company ring me up and want to sue me for defamation.

 

Is the phrase "Sue you for defamation" a way use to frighten off net users or to indirectly tell us watch your mouth and what you say!

 

If one day such incident do happen on you, will you stand up strongly for your rights and belief that what you have posted is true or issue an apology to ease matters off?

 

views?

 

If you only recount the facts and not add your own emotional writings to it, then it is not defamation. But you can only state facts, you cannot be stating what you think or feel about just or unjust stuff.

 

Writing bad exprience is ok, but only the facts. However, is there is confidentiality clause, then of course you have to read it carefully.

[Zanter]

You have to substantiate all that you claim. If you make a statement, then you will need to defend it, even in a Court of Law and prove that your opinion is fair comment.

 

So you dont have the resources to defend your claim, then u need to retract the statement & apologise and hope you can still afford to pay the damages w/o being bankrupt. Far Eastern Review have found this out the hard way

[Bleuzone]

I'm no lawyer, but I guess if your posts are objective without personal feelings involved, then it should be ok... Or at least I hope so... That's what I tell my wife...

[Sosaria]

I think one way to avoid being accused of defamation is to give only the facts - and here you have to be truthful - of what transpired between you and the other party, and then let readers draw their own conclusion.

 

Anyway, most small companies that threaten to "sue you for defamation" are only throwing the words around lightly, IMHO. To get a proper lawyer's letter incurs cost. And that's just a letter. To pursue the case to court is another matter, involving even more time and cost. I doubt small companies, sole proprietorship, will be willing to go that far.

 

On another matter, I've always thought that "defamation" can only happen if the other party has any "fame" to speak of, or is a public figure, or is someone in a position (e.g. civil servant, police, teacher, etc.) whose credibility is very important to the job. If you're just man-in-the-street, not having any "fame" to talk about, how can someone defame you? Can some legal expert out there comment on this?

[Eyke]

If you're just man-in-the-street, not having any "fame" to talk about, how can someone defame you?

 

can.

 

but problem is even if you win in court,

you probably won't be able to claim much damages at all,

if you didn't lose much by being defamed in the first place.

Edited May 31, 2010 by Eyke

[Zanter]

Damages will be in proportion to the "fame" . The more famous the higher the damages as the harm to reputation increases.

 

Its hard to say if you will be sued if its a small company as nowadays people will sue even if claims are made that their breast are faked .

[Osiris]

my not-a-lawyer view

 

to protect yourself before complaining online, gather evidence of what has happened.

That way if really go to court, you have proof of what u post is factual.

One way is to email the feedback to the company.

another is if you are going to bang table, record your conversation w/o the other party knowing

 

the complaint should be relating your bad experience not an avenue to urge people to boycott, curse, badmouth the company.

 

also an apology does not guarantee the matter will be settled. One need to cut a deal in b/w that an apology will end all and no claim from the company. I posted somewhere here before.

 

how you write matters

 

XYZ is lousy at providing service for its customers

and XYZ did a bad job in providing me service during 123 period

is different.

 

at the end of the day, $$ matters. even if it's the truth, w/o concrete evidence to tell the other party to FO,

no $$ means you lose.

 

IIRC, Durai sue when someone says he fly first class.

we now know its factual, but at that time the other party paid damages and apologies

 

"while the latter has claimed that he had personally seen Mr Durai in Singapore Airlines' first-class cabin. Both paid an undisclosed amount of damages to the NKF, and apologised"

 

http://en.wikipedia.org/wiki/National_Kidn...ngapore_scandal

[Jman888]

I'm no lawyer, but I guess if your posts are objective without personal feelings involved, then it should be ok... Or at least I hope so... That's what I tell my wife...

 

 

when i comment an item 'to me, this product is useless and sucks big time' this is my personal feeling and i did not say it represent others view, i don't think they can sue you for such remark.

 

the remark can only be made when you are already a user

Edited May 31, 2010 by Jman888

[Zanter]

There is only 1 way to find out for sure. Say something about MM Lee, publish it and see if you can get away with it with your disclaimer

[Apottedplant]

Hi all,

 

In recent years, forums have evolve from being a discussion and chit chat medium to a place where users now log onto to share views and share feedback on personal experience. Potential buyers are now savvy enough to ask around or read on forums before purchasing

 

Bad purchases, rouge dealers, unfair practices, unreasonable pricing have all been posted in one way or another by end users

 

My question is that, what then constitute a defamation??

 

For eg, I wrote about a bad experience about car dealer XXYYZZ and in return company ring me up and want to sue me for defamation.

 

Is the phrase "Sue you for defamation" a way use to frighten off net users or to indirectly tell us watch your mouth and what you say!

 

If one day such incident do happen on you, will you stand up strongly for your rights and belief that what you have posted is true or issue an apology to ease matters off?

 

views?

 

Defamation is commonly referred to as either libel or slander. Defamation is simply the communication of false information stated as a fact which brings harm to an individual or an entity, such as a business, group or government. For it to be defamation, the statement must be delivered in speech or in writing to at least one person other than the victim.

 

Libel is written, and slander is verbal. For a person (plaintiff) who seeks a defamation case (slander or libel), first and foremost, a public reputation has to be established. No one really cares if your neighbour called you a dog. You have no public reputation to begin with (an assumption). Then, there has to be damages that can be quantified or qualified in a court of law, accounting to the defamation statement made.

 

Next, the plaintiff has to prove that the statements were made. This can come in the form of computer screen shots, tape recorders, in-partial and at arm length witnesses. Then the plaintiff has to prove that such statements were untrue, and detrimental to your (or your company or organisation) public standing, or how the public would perceive you. The burden is always on the side of the side that files the suit.

 

If all this is done, then the party being sued has to file a defense. There are a number of possible defenses against libel and slander, but the only one which is an absolute defense is truth. If the statement is true, it cannot be considered libel or slander.

 

Therefore, it's not so easy to be involved in a defamation suit, and the person has to be very serious in pursuing it to carry out all these legal obligations before it's your turn to react. But still, i guess one should simply be responsible for what one says or write. But don't let these people threaten you. If you feel you are acting within reason, you probably are. And you would be better off seeking professional legal advice, and understanding exactly what your rights are.

Edited May 31, 2010 by Apottedplant

[Pandapura]

Jus be sure what you say is 100% fact / 100% personal experience. Cover your own a**.

 

 

[Ladykillerz]

there is this sentence saying, "you cannot make everyone happy", same goes to the sellers.

 

anyway, back to the topic.

it is always good to apprehend the whole picture before flaming anyone or anything.

to each it's own.

 

you can feel discomfort in a way but you must always put on other people's shoes before your burning starts.

some reasons can be acceptable, some might not.

but end of the day, look into a bigger picture and you will control your temper.

 

Eg1. if a car worth $100k, but you paid $90k. will you complain?

Eg2. if a car worth $100k, but you willing to pay $102k for heaps of accessories. will you complain?

 

end of the day, there is no point arguing.

if you want, just go straight to the dealer and settle the problem once and for all.

what do you expect a conclusion when you post the company name here? funny right?

 

remember this, whatever you said here is only ONE sided.

if you are the owner of the company, just because of only ONE deal from your staff and you get such a sh|+ hole or rather a bad name. got me?

 

nonetheless, you are lucky that you do not live in USA. the outcome can be worst.

[Wizardofzzz]

Thank you for all the valuable feedback

[Benarsenal]

Defamation is commonly referred to as either libel or slander. Defamation is simply the communication of false information stated as a fact which brings harm to an individual or an entity, such as a business, group or government. For it to be defamation, the statement must be delivered in speech or in writing to at least one person other than the victim.

 

Libel is written, and slander is verbal. For a person (plaintiff) who seeks a defamation case (slander or libel), first and foremost, a public reputation has to be established. No one really cares if your neighbour called you a dog. You have no public reputation to begin with (an assumption). Then, there has to be damages that can be quantified or qualified in a court of law, accounting to the defamation statement made.

 

Next, the plaintiff has to prove that the statements were made. This can come in the form of computer screen shots, tape recorders, in-partial and at arm length witnesses. Then the plaintiff has to prove that such statements were untrue, and detrimental to your (or your company or organisation) public standing, or how the public would perceive you. The burden is always on the side of the side that files the suit.

 

If all this is done, then the party being sued has to file a defense. There are a number of possible defenses against libel and slander, but the only one which is an absolute defense is truth. If the statement is true, it cannot be considered libel or slander.

 

Therefore, it's not so easy to be involved in a defamation suit, and the person has to be very serious in pursuing it to carry out all these legal obligations before it's your turn to react. But still, i guess one should simply be responsible for what one says or write. But don't let these people threaten you. If you feel you are acting within reason, you probably are. And you would be better off seeking professional legal advice, and understanding exactly what your rights are.

 

 

I was about to throw my media law stuff in, but he basically covered it liao.

 

In short:

 

Defamation

1) Must be heard or read by at least one other party other than victim.

2) Must have proof that statements cause damage to public reputation/image/standing.

3) Comments must not be truth.

 

If comments are truth (and can be proven), then no defamation.

[Fcw75]

Sue here sue there, where do you think those dealers get the idea from?

[Apottedplant]

Sue here sue there, where do you think those dealers get the idea from?

 

i know what you want to say. from our senior leaders right?

 

NO! they got the idea from tv. stupid american show, make everything seem to easy. they should try to sue, and see how 'easy' it is..

[Porker]

Hi all,

 

In recent years, forums have evolve from being a discussion and chit chat medium to a place where users now log onto to share views and share feedback on personal experience. Potential buyers are now savvy enough to ask around or read on forums before purchasing

 

Bad purchases, rouge dealers, unfair practices, unreasonable pricing have all been posted in one way or another by end users

 

My question is that, what then constitute a defamation??

 

For eg, I wrote about a bad experience about car dealer XXYYZZ and in return company ring me up and want to sue me for defamation.

 

Is the phrase "Sue you for defamation" a way use to frighten off net users or to indirectly tell us watch your mouth and what you say!

 

If one day such incident do happen on you, will you stand up strongly for your rights and belief that what you have posted is true or issue an apology to ease matters off?

 

views?

 

You can quote facts only. Personal feelings shouldn't be brought in.