Legal Threat = Site Ban?

Thirdfox

See here:
http://www.boards.ie/vbulletin/announcement.php?f=7

I'm quite confused about this particular line:
"If you have misgivings about any posts or comments, simply use the facilities on the site to report them. Do not use the words, 'libel', 'defamatory' or alike." emphasis was present already

Does this mean that a poster cannot accuse another poster of posting defamatory remarks about him/herself or others? e.g. someone says "Mary Harney embezzles 100 million euro every year" in the politics forum, another poster retorts with "that's libellous!" (and optionally "I'll sue you!") = second poster being site banned? It is okay to accuse someone of lowering their reputation in the minds of right thinking people?

I'm just asking because it seems that we get plenty of personal abuse on boards; jokes about sexual intercourse, bodily harm etc. but why are legal threats given a special category of punitive action?

I'm assuming there must be some kind of a back story to this for it to be singled out but can't help but think that this seems just a tad silly (on the face of it). If anyone was serious about suing boards.ie or posters they would probably go contact a solicitor rather than post meaningless threats online...

I'm well aware that boards.ie isn't a democracy and the owners can choose to impose whatever rules they want (at least on the non-paying members) but I'm sure we can still have a discussion about new rules too to ensure they are realistic and serve a meaningful purpose too.

Just by coincidence I noticed that in a thread on this page Thaedydal had mentioned both libel and defamatory (though not in the spirit of what would constitute a ban I'm sure) but it just seems like the new rule needs a bit of clarification (or even an extra sentence stating that common sense will prevail so that non-serious threats won't result in bans and the words libel/slander/defamation etc. can be used within proper contexts)
http://www.boards.ie/vbulletin/showthread.php?t=2055404628

Just my opinion, what's yours?

seamus

To clarify, when reporting a post or complaining about a post, it's best not to say stuff like, "Please remove this post, I consider it libellous/defamatory". That implies that you have or are thinking about seeking legal action, which puts you in hot water.

If you're reporting something about someone else such as your example about el Harney, then there no harm in saying, "Best to remove this guys, could be libellous". However, we would prefer if the post was just reported and stay out of saying anything legalese at all.

Basically, if it appears at all like you personally are (or are considering) taking legal action against boards, you will be banned. The reason it's taken far more seriously than most is because it could have real consequences for the site in terms of lost money or even having site shut down.

Where personal abuse is involved, we would prefer that people act like grown ups and not resort to legal threats and instead allow the site to deal with it, itself. Threatening legal action implies that the poster has no interest in what's good for the site (in fact, entirely the opposite).

In addition, boards.ie has been advised by its solicitor that where a legal threat is made, either on boards or via a solicitor, then it should remove whatever comments caused it (at least out of public view) and do not engage in further discussion with the person who issued the threat - by removing their access to the site.

hullaballoo

I've edited the announcement to try and clarify whatever confusion there is around it.

I hope this addresses your concerns, OP.

Thirdfox

Okay, thanks!