Warriors I am in trouble

Communicate with them in writing.
Write immediately and explain the measures you have taken, offering to make a reasonable effort to repair any damage that has been done.
Determine if the information on the forum is factual or not - very important - they will not likely sue if they know there is no defamatory comments, only facts.
Most of all, get professional legal advice and find out legal precedence for the liability of forum hosts for this sort of thing in your jurisdiction, and what defensive measures to take.
Come to think of it, don't write to them until you have taken professional advice. If it is too expensive find out about free legal counsel in your area - most places have something for people who can't afford it. Maybe not as good as a hot shot solicitor, but better than no counsel.
Read up on this and do your research. You'd be amazed at how much you can learn in a short time when you are under the gun!

Ok thanks for the advice however I have emailed them enquiring which post ect ect.

The trouble is is I am travelling the world at present so seeking legal advice is not going to be easy.

I will have to do some research I think

Danny

Ok thanks for the advice however I have emailed them enquiring which post ect ect.

The trouble is is I am travelling the world at present so seeking legal advice is not going to be easy.

I will have to do some research I think

Danny

Danny,
Talking from experience here.
Put up exactly what Paul suggests.
Providing you state that comments are the express opinion of the poster
you "should" be OK.

Note: I am not qualified in the legal profession

Good advice so far. A few excellent legal resources with some Free assistance and referrals as you travel the world!

The two most important professionals besides customers everyone should have in business is a Lawyer and an Accountant.

Always have them available in the background just incase a particular need arises. As the internet continues to evolve it's so important for everyone in business to seriously educate themselves on all related matters that can effect any web businesses at a moments notice.

Just my opinion on things! I'm sure the forum issues in this situation will work out as long as you deal with all the relevant issues immediately. Quick action is the key as lawyers cost everyone Big bucks that most prefer to keep in their own pockets...

http://www.freeadvice.com/
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Dave

I've heard that the UK laws are much more strict on libel and slander than the US. Chances are, one could be liable for commets in the UK that you wouldn't be over here. Even more reason to get a lawyer.

I'm sure you can email/phone a UK lawyer? As long as they get paid...

As everyone else says - consult a solicitor.

Also - a dose of Humble Pie might go a long way to resolving things.

Write and ask them what they would like you to do. Having threatened you, they should be able to follow through with a list of steps they want you to take.

Take them and that might be the end of the matter.

Carol

Ok so what I have done is sent them an email,

I asked to see the thread that was of concearn I have also pointed out that throughout my site not even on the forum I hold them in high rgard I have also offered to give them a full reveiw (advert to go on the site)

I know these guys in person which is what annoys me as I have covered my arse from day one like putting filters on their name so it doesnt come up ect I thought I had taken reasonable measure sto stop this.

So my next step fingers crossed is to write a reveiw I think I may have them sorted

the way I am feeling right now is to just delete the forum causes more headacjes than its worth

Thanks for all the help

Danny

Ok so a new development hopefully in my favour.

When you sign up to my forum this is the agreement that has to be agreed

================================================== ================

You agree, through your use of this forum, that you will not post any material which is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, adult material, or otherwise in violation of any International or United States Federal law. You also agree not to post any copyrighted material unless you own the copyright or you have written consent from the owner of the copyrighted material. Spam, flooding, advertisements, chain letters, pyramid schemes, and solicitations are also forbidden on this forum.

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You remain solely responsible for the content of your posted messages. Furthermore, you agree to indemnify and hold harmless the owners of this forum, any related websites to this forum, its staff, and its subsidiaries. The owners of this forum also reserve the right to reveal your identity (or any other related information collected on this service) in the event of a formal complaint or legal action arising from any situation caused by your use of this forum.

You have the ability, as you register, to choose your username. We advise that you keep the name appropriate. With this user account you are about to register, you agree to never give your password out to another person except an administrator, for your protection and for validity reasons. You also agree to NEVER use another person's account for any reason. We also HIGHLY recommend you use a complex and unique password for your account, to prevent account theft.

After you register and login to this forum, you will be able to fill out a detailed profile. It is your responsibility to present clean and accurate information. Any information the forum owner or staff determines to be inaccurate or vulgar in nature will be removed, with or without prior notice. Appropriate sanctions may be applicable.

Please note that with each post, your IP address is recorded, in the event that you need to be banned from this forum or your ISP contacted. This will only happen in the event of a major violation of this agreement.

Also note that the software places a cookie, a text file containing bits of information (such as your username and password), in your browser's cache. This is ONLY used to keep you logged in/out. The software does not collect or send any other form of information to your computer.

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The one bright spot in the US is that an internet service provider, including a forum operator, is generally not liable for statements or actions made by a user, regardless of the level of moderation.

Speaking from experience in the UK:

I managed a site for a client in work and they had comment's on their website from visitors regarding the way in which another company worked. (calling them con-artists)

It got very messy and an apology and retraction had to be put on their website even tho it wasn't the company who owned the website who made the comments. The ISP threatened to take down the website if the retraction wasn't done.

It was due to go to libel court and in the end it was a case of Who has the most money to defend it in court.

Having a "signup terms and conditions" that puts the blame on your visitors if they make comments that can affect another company will not work.

You need open dialog with this company and ask them how they want you to proceed.

Not a lawyer here but my advice is you get one with similar experience and let him advice you.

Don't get trapped in a bad situation just because you're traveling.

You need to get ahold of a lawyer now.

Don't wait another second on this. All they need to do is file in court, get a default judgment, and you're basically screwed.

Sounds like you need to put your globetrotting on hold for a few weeks at least, so you can get proper counseling on what to do.

Danny,

Slow down!

Is the initial email they sent, word for word, as you've posted in your OP?

If so, stop worrying. It's a really odd mix of formal and informal colloquial language, they fail to specifically identify the issue (unless you've chosen to remove it from their email, which is understandable), and it just sounds like they're trying to get you to remove something which portrays their company in a bad light.

Libel does apply to internet discussions, so you're right to be concerned. It's a grey area as to who's responsible - Keith-Smith v Williams concluded that the individual forum poster / writer was liable for the defamatory comments posted, compared to a common belief that it's in fact the publisher or ISP who would be liable.

It also depends on what has been said. There's lots of case law and judgements in the UK which provide a rough guide to certain things that can be said which aren't defamatory, due to public interest etc etc. I won't go into these.

But the most important question: can you (or the forum poster) back up the alleged libellious statements with fact? Do they back up their statements with facts? If so, there's no defamation taking place.

The company in question would need to try and take you to the High Court. It's not cheap. Are they a company with legal resources, time and money to do this sort of thing? I emphasise try - they must exhaust all other avenues of communication before using the courts as a last resort.

Of course, you'll want to be safe than sorry - the last thing anyone wants is a court case. So don't go deleting things just yet, and make sure that you immediately:

1. Establish precisely what they want to happen.

2. Speak to a specialist solicitor (lawyers for our US counterparts) - most likely one who deals in libel and slander, who can best advise on your position (more for your peace of mind - you certainly will want to resolve without involving lawyers).

3. Seek advice from others who have clearly been at the end of this company's dealings, and find out more.

Finally, it's worth pointing out that none of us (so far) who've posted here are lawyers. It's vital that you seek professional advice, should you feel the posts / comments on your forum are legitimate - but I'd suggest doing this after getting the specific details from the company about the alleged issue. Then you can go to a solicitor, facts in hand, and explain your case.

Tim.

Tell them to go **** themselves... I would not tolerate some company whining about comments some random internet boob made on a forum. Freedom of speech, tell them to kiss your ass.

Jurisdiction is going to be a big issue, and it can be a tricky thing. If the server is in the US, you may fall under US laws, but if the offended party is in another country they may be able to sue under the laws of that country. If you and the offended party are both UK residents, it may not matter where the server is located, UK courts and laws would have jurisdiction over UK citizens.

Hire the lawyer. You may need to email him/her documents and do a telephone based consultation ion order to get advice. That is preferable to having this generate into a lawsuit that cuts short your trip abroad.

Danny, not sure if you're in the US as I just scanned the post.

ISPs, Forum Owners / Blog Owners etc are not responsible for the postings of a 3rd party.

Here is the court decision that set the precedence:

http://www.courtinfo.ca.gov/opinions...ts/S122953.PDF

Here is the MSNBC news article

Calif. court says bloggers can't be sued - Tech and gadgets- msnbc.com

Hope this helps.

The other thing about libel in the US is that you cannot just jump straight to court with a publisher. The court will look to see if any attempt was made to notify of the defamation, and if there was any opportunity for correction. That's not to say that a judge won't hear the case, but that's a big test.

The other thing about libel is... just because it might be "bad" doesn't mean that it's not TRUE.

To be libel, what has been said and published must be patently FALSE.

It is really difficult for them to sue you as they would have to prove loss of earnings. Its a lot harder to seek punitive damages in the UK than it is in the US in my experience (not sure its possible at all in this sort of case).

Even so, the internet is based on the freedom of speech, and unless you are profiting by putting them down, i.e. selling a competitive product, or infringing on their copyright or trademark, then there is not a lot they can do in my experience. I have been on both sides of the coin in similar situations.

If it does go to court and you can show that you made every reasonable effort to talk with them and address this issue, and it was not intentional or done out of malice or to make a profit then you should be ok.

Go speak to a few solicitors but be careful and get a good one. Solicitors in my experience are like vampires who want to suck you dry. Some less scrupulous ones will lead you down the garden path just to get a few billed hours.

Business link runs a scheme called "lawyers 4 business". They give you a half hour consultation completely free with a local solicitor. If I was you I'd get your local list and arrange a few telephone appointments.

Hello Warriors,

OK things are looking a little better they have emailed me again and I dont think they hve copied the thread and sent it because I asked to see a copy and they could not produce it.

The next thing is that there name was not mentioned throughout because I have filters on so assuming is not something that they can do.

I know the guys pretty well so have emailed them again explaining to them that the post was deleted very quickly within less than 24hrs and that I have also prior to this applied measures.

I have also said that have referenced them all over my site with only good things. I have also passed on a huge amount of people to there business which I think is only good.

Also in teh second email he has said he is calling his solicitor tomorrow to discuss so maybe he was trying to put the wind up me either way it worked!

I have however sent all the emails over to the UK and my uncle is doing the seeking for me as he has the neccessary connections... I contacted the company that had rumoured ot been prosecuted previously and he said that the case was dropped.

I am hopeful of this and am very appreciative of what you guys have said I have done my research and I think because its a public forum then this is what causes teh problems so I might make it a private forum from now on in.

I am pretty savvyied up when it comes to law also as I studied it back in the Uk so so far I think things are good.

Travelling is awesome and if it gets sorted then I will be on the beer I think

Thanks everybody

Danny