Warning to all forum members.

**Stav** · 22-07-2005, 07:51 PM

Guys it seems that our civil liberties of freedom of speech maybe under threat.

I was reading in the financial review that posts were made on a certain website which bagged a car dealership here in Sydney.They have closed the website and taken him to court.

Apparently the site was set up after the guys car had been stolen from the dealership and was paid insurance by the dealer short of 15000 dollars. Being upset he started a website against this place.

It makeme wonder though...if you have a story to tell in the public interest that does it breach the law?

This appears in my mind to be a conflict between laws and civil rights.

So next time we post I think we should be a bit more aware that we may be open to attack.

I think personally that when scum in the industry is exposed that this is good to be aware of.

GRNKPR · 22-07-2005, 08:04 PM

I hear you its big guy taking on small guy again ,if someone took me for a ride i would expose them to all EM

dansedgli · 22-07-2005, 08:06 PM

If he couldnt prove what he was saying was true and what he was saying was defamatory then the company can take him to court. Its slander or something along those lines.

MO · 22-07-2005, 10:20 PM

Not nessecarily it has something to do with the 'Law of Torts'...i.e a civil wrong,it can very involved and complicated and not many lawyers like this area,as for defamation if they did wrong and you state the facts then it is not defamation.

XA Coupsta · 22-07-2005, 10:28 PM

Just playing the devils advocate here. Is there any difference to someone setting up a website obviously with the sole intent to have a go at these people/company/whatever - compared to a message board forum that wasnt set up with the sole intention to defame?.......

I mean I agree with everyone's sentiments. If they are a scam - they should be exposed.

Again just trying to offer a different view on it.

4Vman · 22-07-2005, 10:35 PM

A similar thing happened about 12 months ago with a guy who was disgruntled over the restoration costs of his Falcon, he started a website and bagged the hell out of the company and ended up in hot water over it, the moral?? Be SMART, leave emotion out of it, stick to facts and present your case in a non slanderous way....
Nobody can do a thing about it then.

MO · 22-07-2005, 10:37 PM

To add to that if it is your opinion/belief that you have been wronged then I don't think you can be done for liable/defamation/slander...i.e.you truly believe you have been wronged and stating the facts as you believe them to be true...it is in other words an opinion/view of what has happened.

flappist · 22-07-2005, 10:45 PM

Defamation is an intereisting thing....
I think Fred Nurk is a ********.... not defamation
Fred Nurk is a ********... defamation

MO · 22-07-2005, 10:50 PM

Quote:

Originally Posted by flappist

Defamation is an intereisting thing....
I think Fred Nurk is a ********.... not defamation
Fred Nurk is a ********... defamation

Well put...wish I'd thought of it...oh well time for another bourbon...and I think bourbon is the root of all good.

big_waity · 23-07-2005, 02:43 AM

Tony and John both have it spot on. I honestly believe that if we are stating opions on here we will be fine. Rather than insiting panic in everyone, lets just be sensible and realise that this guy obviously went to the effort to create a website dedicated to his cause. In my opinion, that would lead one to beleive that he probably exagerated his story and said some stuff that wasn't true. I can't know for sure as I haven't read the website. If he is that cut over it he should have sought legal advice.

mutanti · 23-07-2005, 03:59 AM

I did that once when I was sold some crappy furniture.
It ended up going threw the ACCC,
I was not happy.
I made this... http://macfailedfurniture.8m.com/
in no place on the site did I mention the name of the company but it is kinda self explanatory anyway if you know the furniture shop.
No Defamination is on the site. just facts...
I took photos but as I only had an old camera the photos diddnt come out the best but as I had received my monies back after accc got involved I diddnt worry about it anyway.

the company Did not want to refund my monies or replace with decent quality.
Accc fixed that.

RSgerry · 23-07-2005, 11:02 AM

Quote:

Originally Posted by XA Coupsta

Just playing the devils advocate here. Is there any difference to someone setting up a website obviously with the sole intent to have a go at these people/company/whatever - compared to a message board forum that wasnt set up with the sole intention to defame?.......

I mean I agree with everyone's sentiments. If they are a scam - they should be exposed.

Again just trying to offer a different view on it.

i think you have an excellent point. the purpose of FFAU is simply for Ford fans to 'meet' and chat about car related topics and, in the bar, to chat about 'stuff'. it is inevtiable that someone will post on here that they have had trouble with some dealer / service provider / shop in the past, but that is all part of a forum. it is only one topic in amongst hundreds. as has been mentioned, as long as facts are stated, as opposed to misinformation stated as fact, then i dont think it is libel. stating opinion isnt libel, as flappist pointed out.

NAK302 · 23-07-2005, 06:43 PM

Quote:

Originally Posted by 4Vman

A similar thing happened about 12 months ago with a guy who was disgruntled over the restoration costs of his Falcon, he started a website and bagged the hell out of the company and ended up in hot water over it, the moral?? Be SMART, leave emotion out of it, stick to facts and present your case in a non slanderous way....
Nobody can do a thing about it then.

aaah yes the infamous black GS. boy did he get

:

brenx · 23-07-2005, 07:17 PM

If it's kept to actual fact I wouldn't think they'd have a leg to stand on. I've dealt with various companies and had some horrific experiences. I don't set out to kill their lively hood though. If I see someone who'd going to use them I voice my poor opinion and experience.

I've had some rippers with banks, workshops and brokers to name a few. I'm currently in dispute with a broker as product supplied isn't what was promised/signed for. He'll get some $ but not all of it I can assure you.

dvk · 26-07-2005, 12:33 AM

Quote:

Originally Posted by big_waity

Tony and John both have it spot on. I honestly believe that if we are stating opions on here we will be fine. Rather than insiting panic in everyone, lets just be sensible and realise that this guy obviously went to the effort to create a website dedicated to his cause. In my opinion, that would lead one to beleive that he probably exagerated his story and said some stuff that wasn't true. I can't know for sure as I haven't read the website. If he is that cut over it he should have sought legal advice.

Pretty much. What he said may have been completely true, however he may not have had the evidence in order to back it up. If you can't prove it, unforunately, they can claim defamation. So basically, you stick to "its only my opinion" unless you have hard evidence that they're retards. No need for panic, as the system works - if it was the other way round, you'd want the system protecting you.
I'm 18, I have to have faith, I'm not becomming jaded just yet