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Old 11-04-2009, 02:10 PM   #1
droopydrew19
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Question Free Speech on the Internet? or Slander?

Months ago I was displeased with a service I paid for from an American internet company and posted my displeasure on some websites. I explained how I felt the service sucked and how it cost me a great deal of money (in the thousands) and obviously that did not look good to the company I was dealing with.

The US company was able to figure out that I had posted the remarks and contacted me (not that I was trying to hide it) Their owner threatened legal action on me unless I withdrew the posts as he said it was damaging to his business. I didnt really fear him but I obliged him and had the posts removed as he seemed like he wanted to make things right and was talking about compensating me for the problems I had in the past.

It has been months now and all I get is the same run around that I got before, buck passing, the cheque is in the mail kind of crap. I definitely feel like I am being played. I acted in good faith but they cant.

So I am left to wonder... Can an American company come after me, a Canadian, for telling the world on the internet that I feel I was screwed over? Is that slanderous? Anyone have any experience with this?
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Old 11-04-2009, 02:12 PM   #2
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Cue dozens of legal experts telling you not to discuss this on a public forum.
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Old 11-04-2009, 02:19 PM   #3
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It's not libel if it's true.

Libel is written word, BTW. Slander is spoken word.
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Old 11-04-2009, 02:22 PM   #4
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Unless you owe the message board, I think you're in the clear. But then again, I'm not a legal expert.
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Old 11-04-2009, 02:22 PM   #5
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Where you upset at the lack of production value in the porn you were paying for?
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Old 11-04-2009, 02:23 PM   #6
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Where you upset at the lack of production value in the porn you were paying for?
knowing Droopy this could be very accurate!!
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Old 11-04-2009, 02:25 PM   #7
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The Hot Rod board I frequent has been involved in a lawsuit for over a year now. Based in the States. http://www.hotrodders.com/forum/stre...te-166323.html There is lots of firsthand knowledge there. Other than that I would have no advice for you.
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Old 11-04-2009, 02:25 PM   #8
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It's not libel if it's true.

Libel is written word, BTW. Slander is spoken word.
Not 100% sure but I think even things that are true can be considered defamation (which covers both libel and slander).
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Old 11-04-2009, 02:36 PM   #9
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Not 100% sure but I think even things that are true can be considered defamation (which covers both libel and slander).
IANAL, but slander, libel and defamation by definition all require the statements made to be false. If you show that any statements you made were true and simple facts, you're in the clear.
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Old 11-04-2009, 02:41 PM   #10
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Not 100% sure but I think even things that are true can be considered defamation (which covers both libel and slander).
Yes and no (I'm just another non-expert adding my opinion). In Canada, there's a fair comment defense for defamation, where if something is in the public interest, it is protected from defamation charges. I think that commenting on a provided product or service is protected as fair comment because other consumers have a right to know. However, I have zero knowledge of how this applies (if at all) in the US.
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Old 11-04-2009, 02:46 PM   #11
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It is funny in the service world. If you tell your friends that you went to a place for arguments sake called "snot burger" and the burgers sucked. They in turn tell their friends to stay ways etc etc. Then everything is ok.

But if "snot burger" fed my kid a burger and he almost died from it and then I tell the world on the internet that I am outraged then it is defamation?
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Old 11-04-2009, 02:51 PM   #12
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If what your posting is a true negative experience with the company, there is nothing they can do. Tell them to shove their lawyers. That type of garbage legal action scare tactic won't last long.
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Old 11-04-2009, 02:52 PM   #13
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Not 100% about the leagl, but it brings up an interesting question. I was recently in a social media seminar and I learned that a lot of companies are running software to monitor if their company is mentioned (for better or worse) in any form of social media (ie Twitter, Facebook, LinkedIn, blogs, etc.) The successful companies that benefited from this were found to have responded to whatever claim with a human person and tried to resolve an issue if there was one or further their support by "belonging to the community"

In my opinion your situation is:
a) a missed opportunity for the American company's public customer service
b) a violation of free speech (again IMO)

Word of mouth is the best way to advertise and it has moved online now. People have been talking about products and service forever good, bad or indifferent, again now its online where the world can see it. Companies need to understand that and use it positively. I mean do you think people who saw your original posts were taken down thought you had a revelation and took them down because you felt bad? No, they see that the company is scared, that does more damage I think than your original posts.

(also Jason Baer is a guru on social media, check him out)
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Old 11-04-2009, 02:52 PM   #14
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In short, yes they could sue you despite you being in Canada. Where the laws relate as to what happens if you simply ignore the suit - i.e.: being held in default, etc, I have no clue.

You could always just post a heavily fictionalized version of your story involving violence and sex to 4chan, and let /b/ take care of the problem for you...
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Old 11-04-2009, 03:04 PM   #15
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In short, yes they could sue you despite you being in Canada. Where the laws relate as to what happens if you simply ignore the suit - i.e.: being held in default, etc, I have no clue.

You could always just post a heavily fictionalized version of your story involving violence and sex to 4chan, and let /b/ take care of the problem for you...
Not your personal army.
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Old 11-04-2009, 03:37 PM   #16
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I am with Resolute, 4chan is always the solution.
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Old 11-04-2009, 03:56 PM   #17
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Originally Posted by droopydrew19 View Post
It is funny in the service world. If you tell your friends that you went to a place for arguments sake called "snot burger" and the burgers sucked. They in turn tell their friends to stay ways etc etc. Then everything is ok.

But if "snot burger" fed my kid a burger and he almost died from it and then I tell the world on the internet that I am outraged then it is defamation?
Also be careful of Email - same legal bs slope. Even if you send an email in confidence to a friend, if that friend were to forward it you are libel. My mom went through this type of thing not to long ago.
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Old 11-04-2009, 04:37 PM   #18
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I would suggest that you look for a summary of the issues involved in this published by a practicing attorney.

This is a pretty extensive review of the issue, but googling libel on the internet gets you plenty of results.

http://www.firstamendmentcenter.org/...c=online_libel
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Old 11-04-2009, 05:26 PM   #19
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Not your personal army.
That's why you gotta make the story interesting. /b/ is just a mob. Give a mob direction and suitable motivation, and amazing acts of destruction can be accomplished.
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