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Question about libellous comments or 'wayward remarks'

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    #62
    Sherifu
    Registered Users Posts: 17,727 ✭✭✭✭Sherifu


    BJJDUB wrote: »
    I don't have the answer. I just want to provide some thought for boards and the moderators to consider - hopefully these thoughts will help in a small way in preventing boards.ie and the moderators from getting involved in litigation. - What I'm saying is - I'm on your side but I'm playing devils advocate
    Just wondering what you meant. Don't worry, I won't hang you.
    javaboy wrote: »
    No, I don't think they were saying to do that but maybe from a legal point* of view, it might be the only bullet proof protection from a libel action. I think BJJDUB was saying that the very fact that posts aren't premoderated possibly means boards.ie (and most other internet boards) are knowingly providing a means to someone to libel someone else.
    Until we have a test case we won't know.


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    #63
    Villain
    Registered Users Posts: 15,944 ✭✭✭✭Villain


    BJJDUB wrote: »
    Moderators - I accidentally posted the same message 3 (?) times - computer issue !!!!! can you remove 2 of the posts and also this post (to ensure continuity of the thread(?) - see I'm learning the lingo!


    Click the edit button and you can delete the posts yourself, the Database seems to be having some issues at the min.


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    #64
    BJJDUB
    Closed Accounts Posts: 58 ✭✭BJJDUB


    Sherifu wrote: »
    Just wondering what you meant. Don't worry, I won't hang you.

    Until we have a test case we won't know.

    No Hanging. Phew !!!! -Thanks for that:)

    Two things about a test case - In my opinion the rate-your-solictor cases should be examined even if they are not a direct comparison. I assume boards.ie at al. do not want to be the subject of a test case therefore informed and educated caution is a warranted???


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    #65
    javaboy
    Registered Users Posts: 15,094 ✭✭✭✭javaboy


    BJJDUB wrote: »
    Moderators - I accidentally posted the same message 3 (?) times - computer issue !!!!! can you remove 2 of the posts and also this post (to ensure continuity of the thread(?) - see I'm learning the lingo!
    Villain wrote: »
    Click the edit button and you can delete the posts yourself, the Database seems to be having some issues at the min.

    Don't do it man. I'm just one touch down off Al Bundy's record :D


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    #66
    BJJDUB
    Closed Accounts Posts: 58 ✭✭BJJDUB


    javaboy wrote: »
    Don't do it man. I'm just one touch down off Al Bundy's record :D

    I'm slow today - I only just got that :):):):):):D:D:D:D:D and still laughing


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    #67
    DublinWriter
    Registered Users Posts: 9,557 ✭✭✭DublinWriter


    Anyone interested should check out what happened regarding the Motley Fool website in the UK as it's probably the most recent case-law example of a web-site cum chat-forum being forced to reveal the true ID of it's posters by court order:

    http://www.connectedinternet.co.uk/2005/03/25/online-libel-how-to-avoid/


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    #68
    Blowfish
    Registered Users Posts: 5,112 ✭✭✭Blowfish


    BJJDUB wrote: »
    Some moderators have stated in this topic that they would not provide the identity of the poster unless order by a court - Isn't that having your cake and eating it. - "I won't take responsibility - and I won't tell you who is responsible either" ??????????????????
    As far as I understand it, legally boards can't give away a persons details to another company, unless under court order to do so.* I could be wrong though, it certainly wouldn't be the first time :)


    *Obligatory "This isn't to be taken as legal advice" comment


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    #69
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    Blowfish wrote: »
    As far as I understand it, legally boards can't give away a persons details to another company, unless under court order to do so.* I could be wrong though, it certainly wouldn't be the first time :)
    No, you're right.

    The DPA prevents boards.ie from giving users' details to anyone else, except with court order.

    So even if boards.ie was willing to give posters' details to all and sundry, they would be prevented from doing so by the DPA.

    It has nothing to do with cake.

    Incidentally, as pointed out boards.ie holds very little "private" information on its posters. Aside from an email address and a list of IPs, every other piece of information is already publically available on the to whomever wants it.

    Companies aren't interested in suing the forum because they believe the forum is wrong, its just that it's a far easier target than to go after the posters.


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