This is what we are up against when it comes to slagging off the PubCos: (the FACT and I could probably prove it but it would be difficult, that BDM's have lied to me often, is irrelevant. If I say they lied I can be sued if I can't prove it. If I say 'the pub indistry is a joke' am I bringing it into disrepute? Could I be sued? Even though I am in the Pub industry and I KNOW IT'S A JOKE?
THE THREAT OF BEING SUED SILENCES DISCUSSION and stand thus:
For a statement to be defamatory, the four recognised tests are;
- It holds the pers
on/company up to hatred, ridicule or c ontempt.
- It disparages their trade or business
- It lowers their reputati
onin the minds of right thinking members of society
- It leads to them being shunned or avoided.
It has to be just
The defences to libel are:
Also this can be a dangerous route because an unsuccessful plea could increase the damages against you because you will have increased the harm to the complainant.
You have to be able to deal with every libelous possibility, such as inference and innuendo. If your statement infers something greater, it is not enough to prove that the statement is just literally true. Merely asserting something will not be sufficient to prove that it’s true - you will need witnesses and documents to back up asserti
2. Fair comment – This is mainly for opini
* Made in good faith
* Published without malice.
* On a matter of public interest
As an example, in 2001, the Daily Mail lost a libel acti
The jury were not sufficiently persuaded that there was any factual basis for making this comment. They didn’t deem it fair comment. He was awarded £
3. Privilege – This covers you to report anything that was said in court and Parliamentary debates without fear of being sued if the facts are wr
There is no defence for repeating a rumour without being in a positi
In 1990 McD
To win the case, the pair would have to prove from primary sources the truth of their allegati
Web forums are a little unique in the fact that are not that many test cases to fall back
The most famous case here is Gina Ford v Mumsnet.
Briefly speaking – Mumsnet is a site for new mothers and has a huge forum (15,000 comments a day). Gina Ford is author of books espousing a strict, no-n
Mumsnet had to pay a five-figure sum to Ford for comments made by posters
They also tried to sue the internet provider and shut the website down.