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Message board defamation - the law?

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  • 06-02-2004 7:45pm
    #1
    trap4
    Banned (with Prison Access) Posts: 468 ✭✭


    Firstly to make clear that this has nothing whatsoever to do with this website!

    No, but a friend of mine who runs his own message board system has been issued with a letter from a firm of solicitors on behalf of their client (Mister A), who is threatenting to issue legal proceedings against Mister B who posted comments on my friend's message board system which Mister A's solicitor's claim are defamatory.

    Not only that but the solicitor is also issuing legal proceedings against my friend unless he removes the offending message and guarantees that no further defamatory comments will be published on the message board system about their client thereafter.


    Is there are precedent for this in Irish law? Have Yahoo, Microsoft, or other message boards hosts lost out in similar situations? I thought that the message board host could not be held responsible? Does it make any difference that my friend's message board system is entirely hosted in the USA?

    Also, does my friend not have the right to countersue seeing as the solicitor has implied that HE has published defamatory remarks when no court of law has endorsed that opinion? Is not my friend's good name beeing defamed?

    Thanks in advance,
    -Jim.?


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    #2
    Victor
    Registered Users Posts: 78,370 ✭✭✭✭Victor


    Talk to DeVore and dahamsta. Your friend should remove the offending item as a mitigation. He shoud also talk to a solicitor on the "guarantees that no further defamatory comments will be published on the message board system about their client thereafter". There may be a case for your mate to claim he is a common carrier and not the publisher.
    Originally posted by trap4
    Also, does my friend not have the right to countersue seeing as the solicitor has implied that HE has published defamatory remarks when no court of law has endorsed that opinion? Is not my friend's good name beeing defamed?
    That is for a judge to decide.


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    #3
    trap4
    Banned (with Prison Access) Posts: 468 ✭✭trap4


    Thanks for the good advice!

    By the way, can anyone recommend a firm of solicitors to defed my friend, ones with particular expertise in the area of online defamation?

    Thanks,
    -Jim.


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