forum libel, defamation of character?

[maxine]

Hi

Hoping for a bit of general advice on a scenario...

Two forums relating to the same industry have been having a bit of a pop at each other, nothing too serious just having a dig at each others experiences, work methods, and people who run them.

Now one of them is emailing the other owner claiming defamation of character and libel because they didn't like the comments being made by forum members relating to their own experiences of the other company which was running the other forum.

Is the forum owner responsible for the comments of the members when it comes to libel or defamation of character.

Can anyone point me in the right direction to get some advice?

Thanks everyone :)

[Gillie]

Don't suppose there is anything in their terms of use that would answer this question for you? Not sure, but some do state that any comments made by members are done so not at the owners risk etc, but aint this can be legally held up??

[PI Guy]

the publisher is liable for content published

[Dawg]

The forum owner is liable. This was seen in a Mums forum this year, and has also resulted in the take down of several sites by hosting companies, who can also be held liable.
The threat of action is increasingly used as a weapon by those with the money to pay lawyers as the libel laws are stacked in favour of the accuser in this country. However if someone is unlikely to be able or likely to instruct counsel it might be seen as a bluff, and called as such.

[Spiderden]

The forum posters can also be held liable.


Since 1879, corporations have also been able to sue for libel. The inequality of arms this causes is compounded by the fact that there is no legal aid for defamation cases. Lawyers are now allowed to fight these suits on a no-win, no-fee basis, but this freedom is double-edged: if a defendant loses, he could end up paying double the claimant's legal costs.

This is the context in which Sheffield Wednesday went to court to demand the names and email addresses of 14 people who had posted comments on owlstalk. Here are some of the comments over which the club complained. "What an embarrassing, pathetic, laughing stock of a football club we've become." "Another day, another blunder. I doubt even Leeds were in such a mess this time last summer, and look what happened to them." "I am waiting with bated breath to hear who the Chuckle Brothers have signed after their trip to watch players abroad. With the amount of money they have to spend and the wages they can offer the best we can hope for is that little known Transvestitavian International I Sukblodov, who last scored in a brothel."


Source (http://www.guardian.co.uk/commentisfree/2008/sep/17/matthiasrath.medialaw)

[maxine]

Thanks everyone :)

Anyone know how to determine what would be libelous and what would not?

Loads of people post general groans and complaints but how can you tell where the boundaries are?

Thanks again
:)

[PI Guy]

If its factual then that's ok.

An intresting discussion of the subject is here http://swarb.co.uk/phpbb/viewtopic.php?t=10042

and http://www.yourrights.org.uk/yourrights/right-of-free-expression/defamation/defamation-elements-of-a-claim.html