11-04-2009, 02:10 PM
|
#1
|
Safari Stan
Join Date: Oct 2001
Location: 3rd trailer on the left
|
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?
|
|
|
11-04-2009, 02:12 PM
|
#2
|
Lifetime Suspension
Join Date: Mar 2007
Location: Sec 216
|
Cue dozens of legal experts telling you not to discuss this on a public forum.
|
|
|
11-04-2009, 02:19 PM
|
#3
|
Franchise Player
Join Date: Aug 2005
Location: Memento Mori
|
It's not libel if it's true.
Libel is written word, BTW. Slander is spoken word.
|
|
|
11-04-2009, 02:22 PM
|
#4
|
Franchise Player
Join Date: Oct 2007
Location: still in edmonton
|
Unless you owe the message board, I think you're in the clear. But then again, I'm not a legal expert.
|
|
|
11-04-2009, 02:22 PM
|
#5
|
evil of fart
|
Where you upset at the lack of production value in the porn you were paying for?
|
|
|
11-04-2009, 02:23 PM
|
#6
|
Sleazy Banker
Join Date: Oct 2001
Location: Cold Lake Alberta Canada
|
Quote:
Originally Posted by Sliver
Where you upset at the lack of production value in the porn you were paying for?
|
knowing Droopy this could be very accurate!!
|
|
|
The Following User Says Thank You to Sample00 For This Useful Post:
|
|
11-04-2009, 02:25 PM
|
#7
|
First Line Centre
|
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.
|
|
|
11-04-2009, 02:25 PM
|
#8
|
Lifetime Suspension
Join Date: Mar 2007
Location: Sec 216
|
Quote:
Originally Posted by Shazam
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).
|
|
|
11-04-2009, 02:36 PM
|
#9
|
First Line Centre
|
Quote:
Originally Posted by flip
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.
|
|
|
11-04-2009, 02:41 PM
|
#10
|
Franchise Player
Join Date: Oct 2002
Location: not lurking
|
Quote:
Originally Posted by flip
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.
|
|
|
11-04-2009, 02:46 PM
|
#11
|
Safari Stan
Join Date: Oct 2001
Location: 3rd trailer on the left
|
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?
|
|
|
11-04-2009, 02:51 PM
|
#12
|
Franchise Player
|
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.
|
|
|
11-04-2009, 02:52 PM
|
#13
|
Scoring Winger
Join Date: Apr 2006
Location: Sec. 222
|
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)
__________________
"I'd wish you good luck tonight but I hate the Oilers" - Me to MacTavish in the elevator at the Sheraton Hotel on New Years
Last edited by Pokerface; 11-04-2009 at 02:55 PM.
|
|
|
11-04-2009, 02:52 PM
|
#14
|
In the Sin Bin
|
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...
|
|
|
11-04-2009, 03:04 PM
|
#15
|
Redundant Minister of Redundancy Self-Banned
|
Quote:
Originally Posted by Resolute 14
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.
|
|
|
The Following 2 Users Say Thank You to CrusaderPi For This Useful Post:
|
|
11-04-2009, 03:37 PM
|
#16
|
Franchise Player
Join Date: Apr 2008
Location: Calgary
|
I am with Resolute, 4chan is always the solution.
|
|
|
11-04-2009, 03:56 PM
|
#17
|
Franchise Player
Join Date: Aug 2005
Location: Calgary
|
Quote:
Originally Posted by droopydrew19
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.
__________________
MYK - Supports Arizona to democtratically pass laws for the state of Arizona
Rudy was the only hope in 08
2011 Election: Cons 40% - Nanos 38% Ekos 34%
|
|
|
11-04-2009, 04:37 PM
|
#18
|
Franchise Player
|
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
|
|
|
11-04-2009, 05:26 PM
|
#19
|
In the Sin Bin
|
Quote:
Originally Posted by CrusaderPi
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.
|
|
|
Posting Rules
|
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts
HTML code is Off
|
|
|
All times are GMT -6. The time now is 10:00 AM.
|
|