Discussion
The no name and shame rule on PH means this happens a lot. People have issues with the same suppliers/parts/dealers etc that could avoided by sharing knowledge. This is the beauty of a forum. I use 3 other forums and one of the biggest benefits is that bad actors are named and shamed to help people have issues resolved and stop pain and lost money.
This is the only forum I know that has a no NAS and it's not good.
This is the only forum I know that has a no NAS and it's not good.
The no name and shame rule on PH means this happens a lot. People have issues with the same suppliers/parts/dealers etc that could avoided by sharing knowledge. This is the beauty of a forum. I use 3 other forums and one of the biggest benefits is that bad actors are named and shamed to help people have issues resolved and stop pain and lost money.
This is the only forum I know that has a no NAS and it's not good.
This is the only forum I know that has a no NAS and it's not good.
The problem being that when most people a NAS post they do so in a manner that can lead to prosecution against the site for "publishing" that NAS post.
In the late 90s on scoobynet we were frequently hit with solicitors letters that led to site wide downtime as mods had to go through posts by individuals looking for posts that were libellous against the site in nature, a very time consuming and painful process for site owner, mod and other viewers.
NAS posts can be done on forums but they need to be very carefully worded so as not to bring the site under legal action, on scoobynet we used to have people posting things like "the worst subaru dealer in the world" etc which would have legal letters and threats from dealer and subaru alike and some more down time.
In the late 90s on scoobynet we were frequently hit with solicitors letters that led to site wide downtime as mods had to go through posts by individuals looking for posts that were libellous against the site in nature, a very time consuming and painful process for site owner, mod and other viewers.
NAS posts can be done on forums but they need to be very carefully worded so as not to bring the site under legal action, on scoobynet we used to have people posting things like "the worst subaru dealer in the world" etc which would have legal letters and threats from dealer and subaru alike and some more down time.
jamieduff1981 said:
rigga said:
jamieduff1981 said:
No comment!
I too didnt want to say anything (got severely told off by PH with threatened legal action last time I did) 
I can understand the name and shame policy to an extent. Everybody has a different opinion or experience of something. People would be better to make enquiries before hand and then use the PM service to express their own opinions between each other. However, don't be intimidated by legal threats, unless it is potentially criminal and you're in handcuffs! As in the real world, the people that threaten to do something are normally looking for a way out. It's the ones that snap without any warning you have to look out for!
tty letter from a mod called me a knob.....NAS shame?Chuffmeister said:
Chaps, people can threaten legal action all they want, it means jack. Any success of the threatened legal action itself isn't guaranteed. Even then, compensation for a legal action can only be awarded to the plaintiff by a court (assuming that the plaintiff is successful). That is of course, providing they are able to indirectly or directly prove 'loss and damages' caused by any defamation and adequately quantify them. If unsuccessful, costs can be awarded to either party or not at all. Then of course, there is the question of how a publishing house sues an individual for damages on behalf of somebody else? Or, if the publishing house has been sued for damages, they would still need to demonstrate their loss was caused directly by your comments and not through any self negligence or mis-management before suing you. Of course, they already have a disclaimer in place: "by using these interactive forums, you agree that we (PH/ Haymarket) are not responsible for any information that you disclose or communicate in such forums, and any disclosures you make are at your own risk.". So how do you sue somebody for something you accept no liability for on behalf of a third party who may not even be aware of any defamation?
I can understand the name and shame policy to an extent. Everybody has a different opinion or experience of something. People would be better to make enquiries before hand and then use the PM service to express their own opinions between each other. However, don't be intimidated by legal threats, unless it is potentially criminal and you're in handcuffs! As in the real world, the people that threaten to do something are normally looking for a way out. It's the ones that snap without any warning you have to look out for!
I can understand the name and shame policy to an extent. Everybody has a different opinion or experience of something. People would be better to make enquiries before hand and then use the PM service to express their own opinions between each other. However, don't be intimidated by legal threats, unless it is potentially criminal and you're in handcuffs! As in the real world, the people that threaten to do something are normally looking for a way out. It's the ones that snap without any warning you have to look out for!
And not forgetting; to prove defamation of character and losses arising there from, one must have been considered to have been, and to otherwise be of good character at the time of the libel or slander, and that the defamatory action has caused actual harm or loss.
It is also incumbent on the person brining the suit to prove that the statement was intentionally malicious.
Before anyone takes any of that as licence to run amok in the forums, don't forget; they could ban you without warning (very unusual here in all fairness), and if an action did result; you would have to prove the truth of your statements, whereas the plaintiff only needs to prove that you made them.
(oh yeah, and neither Chuffy or myself are lawyers, so ask a barrister before you begin
)
See here for why PH does not allow any naming and shaming in the forums.
Regardless of the ins and outs of winning a defamation case at court, the reality is that the litigant will naturally go after the richest party in the chain (the publisher in this case) and that the legal costs involved generally mean that it is more cost effective to settle out of court (regardless of guilt, or lack of it).
And yes, Haymarket have been subject to legal action based on posts on these forums, and yes it cost them lots of money.
Hence why PH get to set the rules that you have to abide by in using this forum.
Anyway, I think we're far enough off topic now for the thread to be closed.
Regardless of the ins and outs of winning a defamation case at court, the reality is that the litigant will naturally go after the richest party in the chain (the publisher in this case) and that the legal costs involved generally mean that it is more cost effective to settle out of court (regardless of guilt, or lack of it).
And yes, Haymarket have been subject to legal action based on posts on these forums, and yes it cost them lots of money.
Hence why PH get to set the rules that you have to abide by in using this forum.
Anyway, I think we're far enough off topic now for the thread to be closed.
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