Name and shame - Page 2

djhampson · #11 (**permalink**) 26th February 2010, 11:45 AM

Mod Hat on.

Lets keep this on topic please

Basil135 · #12 (**permalink**) 26th February 2010, 02:27 PM

This from Wikipedia:

Defamation - Wikipedia, the free encyclopedia
Defamation - Wikipedia, the free encyclopedia

Defamation
From Wikipedia, the free encyclopedia
This article is about the malicious statement. For the 2009 film, see Defamation (film).
"Libel" and "Slander" redirect here. For other uses, see Libel (disambiguation) and Slander (disambiguation).
"Vilification" redirects here. For the hate crime, see racial vilification.

Defamation—also called calumny, vilification, slander (for spoken words), and libel (for written, broadcast, or otherwise published words)—is the communication of a statement that makes a claim, expressly slimy or implied to be factual, that may give an individual, business, product, group, government, or nation a negative image. It is usually, but not always,[1] a requirement that this claim be false and that the publication is communicated to someone other than the person defamed (the claimant).

In common law jurisdictions, slander refers to a malicious, false and defamatory spoken statement or report, while libel refers to any other form of communication such as written words or images. Most jurisdictions allow legal actions, civil and/or criminal, to deter various kinds of defamation and retaliate against groundless criticism. Related to defamation is public disclosure of private facts, which arises where one person reveals information that is not of public concern, and the release of which would offend a reasonable person. "Unlike [with] libel, truth is not a defense for invasion of privacy."[2]

This basically says it better than I could.

For a statement to defame a person or company, it DOES NOT have to be false. ANY negative statement can be challenged.

Without all of the relevant information pertaining to the particular incident in question, a single statement could be defamation, slander or libel, whereas if taken into account with a whole conversation, that statement may not.

I guess the long & the short of it is, be careful what you say in public forums. Unlike some of the comments in the SMH article, I personally don't believe that it is a impugnation of free speech.

Disclaimer:

The above post is my own work, and my own opinion, except where noted. Any reference to any other person, corporation, animal, vegetable or mineral, either living, dead or in a comatose state, is not deliberate and is unintended.

Furthermore, the author of the above post unreservedly apoligises to any or all of the above for any embarrassment, hurt, discontent, distress or any other emotion that it may cause.

disco_thrasher · #13 (**permalink**) 26th February 2010, 02:46 PM

Quote:

Originally Posted by Basil135

Disclaimer:

The above post is my own work, and my own opinion, except where noted. Any reference to any other person, corporation, animal, vegetable or mineral, either living, dead or in a comatose state, is not deliberate and is unintended.

Furthermore, the author of the above post unreservedly apoligises to any or all of the above for any embarrassment, hurt, discontent, distress or any other emotion that it may cause.

awesome i sorry but i have to steal part of you disclaimer

Ace · #14 (**permalink**) 26th February 2010, 04:11 PM

The amount of people who come into the station to report people saying mean and nasty things about them on facebook/myspace etc etc etc is a joke.

What ever happened to "My mother always said if i dont have anything nice to say i shouldnt say anything".

isuzurover · #15 (**permalink**) 26th February 2010, 04:17 PM

Some more info on the case:

Quote:

The action against Graeme Gladman began after highly uncomplimentary comments appeared last November under pseudonyms on the HotCopper website, a stockmarket forum.

The postings related to technology security company Datamotion Asia Pacific Ltd and its Perth-based chairman and managing director, Ronald Moir. One posting appeared under the pseudonym of ''witch''.

Datamotion and Mr Moir hired Mr Bennett to launch defamation proceedings. But first Mr Bennett had to track down ''witch''. He asked HotCopper to reveal the identity of the person registered under that pseudonym, plus two others under different pseudonyms, but HotCopper refused.

Mr Bennett then took court action, forcing HotCopper to turn over its files. ''Unfortunately, the registered membership name appeared to be false,'' he said. ''It turned out to be attached to an escort service in Geelong.''

But Mr Bennett was not prepared to concede the trail was cold. He told The Age he did not wish to reveal the details of his next detective steps, but the upshot was a defamation action against Mr Gladman alleging that, as a result of his postings, Datamotion and Mr Moir had been ''brought into hatred, contempt and ridicule and thereby suffered damage''.

It was resolved last week, with Mr Gladman agreeing to pay damages totalling $20,000, taxed legal costs of $10,000, and to provide apologies and undertakings not to publish further defamatory postings.

Mr Bennett has launched two more cases. Both are pending before the WA Supreme Court.

Cyber poison-penner hunted down and sued

woody · #16 (**permalink**) 26th February 2010, 04:47 PM

remember there are two sides to everything

mine and the one thats wrong!

It'sNotWorthComplaining! · #17 (**permalink**) 26th February 2010, 07:03 PM

anonomous ? obviously he wasn't.
They tracked him down through his Hotcopper registration details.
If smart He could have registered and used an email account like hotmail or yahoo etc. Signed up for his internet mail account online, no proof needed for identity, then submitted ,any bogus infomation in the application. Then registered on to the forum using his alias email address, gone through the activation process of the forum and he's on . If they do a back track how would they find him.
A lot of forums ask for a legit email address so they can send the account activation. Anyone can open a hotmail account or yahoo etc and open it as any pseudo they can think off. Log into to the bogus email address they created and activate and start posting. Then can say what ever they want subject to mods pulling the account

THE BOOGER · #18 (**permalink**) 26th February 2010, 07:14 PM

If they want to spend the money then they can trace your ip address and if you use a gsm modem they can be traced as well its all about the money

Didge · #19 (**permalink**) 26th February 2010, 07:33 PM

Firstly, Sleepy I'll take that scotch. Secondly I agree with Itsnotworth....... - a hotmail account or equivalent, especially logged on at an internet cafe and who knows who you are??
cheers gerald
ps djhampson - with all due respect (and I mean that cos you guys are the unsung heroes that make sites like this possible),I thought this thread was staying pretty well on topic. Why did you think it was straying? Just curious
cheers gerald

Mick_Marsh · #20 (**permalink**) 27th February 2010, 09:47 AM

Quote:

Originally Posted by Basil135

Furthermore, the author of the above post unreservedly apoligises to any or all of the above for any embarrassment, hurt, discontent, distress or any other emotion that it may cause.

So, is this an admission you have posted libellous content?

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The Following 3 Users Say Thank You to djhampson For This Useful Post:
abaddonxi (26th February 2010), dobbo (26th February 2010), Mick_Marsh (26th February 2010)

The Following 2 Users Say Thank You to Basil135 For This Useful Post:
disco_thrasher (26th February 2010), V8Ian (26th February 2010)

The Following User Says Thank You to disco_thrasher For This Useful Post:
Basil135 (26th February 2010)