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.
well said.
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.
Who was the retailer that was selling the counterfeit/fake products?
Who cares ........ about which retailer.
Read it and respect it... my 2 cents worth
Also just remember.....it's only defamation if what's posted isn't the truth.....
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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"!!!!
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..........
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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.
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.
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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.
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