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Beware what you write on forums - mods/admins held legally liable & sued

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pfillery Insano Dub Head

734 posts · joined Dec 2011 ·

#971491
We are talking about a full forum, not just a little private blog, a forum just like AVD. And yes this is in Australia. I'm sure a lot of readers will know this but I'm also sure (when reading some things on forums) that a lot of people are not aware.

Another online forum that I used for a while is closing down because the administrator was forced into financial ruin after having to fight a defamation case over something a forum user, not him, had witten in a post and the comments and discussion that followed from other members.

What actually happened is that someone started a thread about a very well known retailer (within the niche that the forum covers - even I'd heard of them) was selling counterfeit/fake products, to which someone else suggested that they had full knowledge that they were doing so and it went nasty from there. Simple enough comment, but the shop found out and sued. Not the person or persons who made the comment but the forum owner/administrator. And the forum lost.

The matter was settled out of court but the lesson that can be taken away from this is that it doesn't matter who you are, what you say on these forums can directly effect the people who own, manage and run these forums, but due to privacy regulations, rarely do the people who actually make such comments get taken to task. Not even sure if they can be. It's a bit like the business world, what an amployee does wrong can result in the CEO facing legal and civil action, even if they didn't know about it.

I guess what I'm trying to say is think before you type that rant, be careful what you write, who you take a dig at and what you post, even in pictures. The moderator was a uni student running a forum as a hobby and lost a lot of money over it, had to issue a formal apology and close the forum down. I know that people sometimes question why they can't "name and shame" vendors etc on here and this is why. I also have to take my hat off to the mods and admins on this forum for doing their utmost to keep this place civil. Can't be easy doing this sometimes. Lets hope it always stays that way and we are never dogged with any of the unpleasantness that I've seen on this other former forum.

barls Administrator Causer of Chaos and Mayhem

9,474 posts · joined Jun 2004 ·

#971504
well said.
“We all pay for life with death, so everything in between should be free.” Bill Hicks
the chaos project - click me

Bizarre Moderator The artist formerly known as blue74l

12,789 posts · joined Aug 2002 ·

#971515
Yep. That is the way I understand the rules for Australian based forums.
USA is different.

And yes - several times I have copped a mouthful about why some cant "name & shame" or "say what they like"

I just base my case on the belief Administrators will cop it before a Moderator does. 😀
Futue te ipsum!!!

AA003 Custom Title Time!

1,189 posts · joined Oct 2011 ·

#971526
Who was the retailer that was selling the counterfeit/fake products?
I read it on samba, so it must be correct.

Sometimes Volkswagen dealers sell spare parts. Amazing isn't it!😂

TOPCAT69 Officially Full-On Dubber

205 posts · joined Jun 2009 ·

#971536
Who cares ........ about which retailer.
Read it and respect it... my 2 cents worth👍
You got nothing I want - COLD CHISEL 🙅
thread killer 🥷

MickH Hairy Gutted Sloth

3,389 posts · joined Sep 2003 ·

#971537
Also just remember.....it's only defamation if what's posted isn't the truth.....
tssnq.com.au

Bizarre Moderator The artist formerly known as blue74l

12,789 posts · joined Aug 2002 ·

#971545
MickH wrote:Also just remember.....it's only defamation if what's posted isn't the truth.....
If only it was that simple

Defamation Laws are subjective and unpredictable.
It may be true but you have "exposed the person to ridicule"

Whatever, you will have gone through the court system, at financial and personal expense, for what? Because someone on here thought it would be funny or was "their right" to post something.

There is a good article at
www.law.uts.edu.au/comslaw/factsheets/defamation.html

If you think that is simple you are a better man than me
Futue te ipsum!!!

tar76 Custom Title Time!

1,622 posts · joined Dec 2009 ·

#971601
🙅 World's getting full of sooks! Yep we've turned into America.

Bring back the good old bare knuckle fist fight, then once your down it's over, People with thicker skin that don't cry to the courts over forum typing, and (god for bid I type this word) "Common Sense"!!!!
"Obey your Dreams"!


62 Std beetle.
65 11 wnd Split "The Cross".
6? coming very soon!!!!

MickH Hairy Gutted Sloth

3,389 posts · joined Sep 2003 ·

#971602
It is that simple. It's what it costs to defend that ruins the person or in this case a forum. If what you say/publish is the TRUTH and can be substantiated then it's not defamation. But you will spend serious $$ defending yourself unless you bring back the old fist fight like tar76 suggested!!! I'd be in that.......
Better to err on the side of caution though..........
tssnq.com.au

pfillery Insano Dub Head

734 posts · joined Dec 2011 ·

#971604
AA003 wrote:Who was the retailer that was selling the counterfeit/fake products?
Don't worry. It was nothing to do with cars. Totally different area. But it is a bit of a wakeup call. We may not want to be a nation of lawsuit addicts like the usa but sadly that's the way it seems to be going.

Isola Officially Full-On Dubber

217 posts · joined Oct 2011 ·

#971672
This whole thread is about not making comments that can be seen as defamation, so we go straight to the "Americans sue everybody" B.S. Come on guys...



And by the way. Australians sure more per capita than any other country. But you know... let's just jump on the stereotype... whatever.

TOPCAT69 Officially Full-On Dubber

205 posts · joined Jun 2009 ·

#971673
🤪
You got nothing I want - COLD CHISEL 🙅
thread killer 🥷

68BUS Wolfsburg Wizard

485 posts · joined Jul 2011 ·

#971675
There was a case in America where a robber jumped a fence and broke his leg in a hole in the back yard as the home owner was building a deck.
The courts upheld the case and he got paid out.
Stuff America - when it comes to law they are stuffing it for all the rest of us.
1966 Aussie 11 Window

AA003 Custom Title Time!

1,189 posts · joined Oct 2011 ·

#971713
Isola wrote:And by the way. Austalians sure more per capita than any other country. But you know... let's just jump on the stereotype... whatever.
I don't know why Australians always stereotype people.
I read it on samba, so it must be correct.

Sometimes Volkswagen dealers sell spare parts. Amazing isn't it!😂

Joel Now containing 100\% E-Wang

9,368 posts · joined Feb 2006 ·

#971721
68BUS wrote:There was a case in America where a robber jumped a fence and broke his leg in a hole in the back yard as the home owner was building a deck.
The courts upheld the case and he got paid out.
Stuff America - when it comes to law they are stuffing it for all the rest of us.
The problem is some (not all) Americans like to over exercise their legal rights.

This guy for example comes to mind.
Being argumentative for the sake of being argumentative when the cop was just trying to do his job, in the interests of public safety too.

vwo60 Veteran Volks Folk

2,036 posts · joined Feb 2007 ·

#971726
Has anybody thought about forums allowing members to recommend illeagle modifications or telling other members not to worry about engineering there mods, there seams to be no problems with that on this forum, if somebody gets killed or injuried there could be a issue there.

Gracey Wolfsburg Wizard

511 posts · joined Feb 2003 ·

#971745
AA003 wrote:
Isola wrote:And by the way. Austalians sure more per capita than any other country. But you know... let's just jump on the stereotype... whatever.
I don't know why Australians always stereotype people.

Haha, very funny😂😂

MISS VDUB Administrator Mrs KOMBIBOB

2,565 posts · joined Sep 2005 ·

#971755
vwo60 wrote:Has anybody thought about forums allowing members to recommend illeagle modifications or telling other members not to worry about engineering there mods, there seams to be no problems with that on this forum, if somebody gets killed or injuried there could be a issue there.
I don't think anyone would recommend using sick eagles on THEIR vehicles? I think the bigger problem is poor spelling and grammar.... 😉

Some people will never be happy. Mods/Admin will either be seen to be over moderating a forum or not moderating enough for some people.
Much like my day job in which I thankfully get paid for, i will not be bubble wrapping people up and holding their hands People need to be given the right to think and operate for themselves. We can all make choices as we are big boys and girls. Shops can also sell goods legally which once put on your car can be deemed as illegal, but once again, we have that choice to make.

When people start to bully others because they are hiding behind a keyboard or try to ruin onces characted based on unsubtantiated facts (also known as jumping on the bandwagon), I wont tolerate it.
1963 Single Cab Ute: "El Concreto"
1962 Baja Beetle: "Peanut"
1968 Porsche 912 SWB: "Pip"
1972 Kombi Snail: "The Snail"
2012 Skoda Octavia Scout: "Scout"
2016 Scirocco R: "Rocco"

barls Administrator Causer of Chaos and Mayhem

9,474 posts · joined Jun 2004 ·

#971765
vwo60 wrote:Has anybody thought about forums allowing members to recommend illeagle modifications or telling other members not to worry about engineering there mods, there seams to be no problems with that on this forum, if somebody gets killed or injuried there could be a issue there.
ive removed more than a few posts about illegal activities, mainly about rebirthing and just bolting stuff up before and after an inspection.
“We all pay for life with death, so everything in between should be free.” Bill Hicks
the chaos project - click me