Naming & Shaming
Author
Discussion

High Octane

Original Poster:

807 posts

231 months

Monday 8th October 2007
quotequote all
I am aware we are not permitted to name and shame on PH, and I don't have a problem with that, but can anyone point me the direction of the legislation that governs this.

As I understand it, it appears to come from concerns that a statement maybe libellous or hearsay, but if statement is true and there is evidence to confirm this are you committing an offence for which either you or the site owners can be prosecuted?

off_again

13,917 posts

258 months

Monday 8th October 2007
quotequote all
Dont know the answer to the question, but its their ball, their playing field and hence we have to stick to their rules....

MikeyT

17,870 posts

295 months

Monday 8th October 2007
quotequote all
Basically you can't name and shame an advertiser on PH ... !

That's how it works ... but British Gas and sundry other multi-nationals and banks etc are fair game ...

Sky used to get a lot of criticism on here but even they advertise now ...

It all started with the TVR dealers ... blame them.

The ad at the top of this page is for kerridges - so don't slag them off etc etc...

But if HSBC are a bunch of censored fire away ...

Edited by MikeyT on Monday 8th October 13:36

pistonbroke PHd

2,058 posts

232 months

Monday 8th October 2007
quotequote all
who cares - just do it. You've got us all curious now biggrin

tinman0

18,231 posts

264 months

Monday 8th October 2007
quotequote all
MikeyT said:
It all started with the TVR dealers ... blame them.
it probably started because PetrolTed wanted a quiet life. wink

David Godfrey

3,857 posts

248 months

Monday 8th October 2007
quotequote all
Hiya, not sure if you have read this, but hopefully this will help

http://pistonheads.co.uk/gassing/topic.asp?h=0&amp...

Rules set are done for this reason.


ProPlus

3,810 posts

264 months

Monday 8th October 2007
quotequote all
Think its cause PetrolTed was liable and at one stage I think someone was going to take him to court of the naming and shaming!!!

But of course I could be wrong... I happen as I joined!!

Strawman

6,463 posts

231 months

Monday 8th October 2007
quotequote all
PH wouldn't be prosecuted per se, but as a broadcaster of some defamatory message they could be named as defendant in a court case which the defamed party could bring against them, they can go on for ages and so the resulting costs can be huge, so even if there is little merit to a case PH could be stuck with a huge legal bill, is I guess the reason naming and shaming is frowned upon.

High Octane

Original Poster:

807 posts

231 months

Monday 8th October 2007
quotequote all
David Godfrey said:
Hiya, not sure if you have read this, but hopefully this will help

http://pistonheads.co.uk/gassing/topic.asp?h=0&amp...

Rules set are done for this reason.
It was that which led me to my question as it would appear that if a statement is true then no offence has been committed.

David Godfrey

3,857 posts

248 months

Monday 8th October 2007
quotequote all
High Octane said:
David Godfrey said:
Hiya, not sure if you have read this, but hopefully this will help

http://pistonheads.co.uk/gassing/topic.asp?h=0&amp...

Rules set are done for this reason.
It was that which led me to my question as it would appear that if a statement is true then no offence has been committed.
The rules are set for PH, what you do elsewhere is up to you, you want to name and shame anyone that's fine just don't pull PH into it.

Chrisgr31

14,229 posts

279 months

Monday 8th October 2007
quotequote all
Surely the problem is how are Pistonheads (or more accurately) the Moderators going to know that the person doing the naming and shaming is telling the truth?

There are invariably two sides to every story and without knowing them both Pistonheads would be in a difficult position should someone decide to take action against them. Mainly as mentioned above due to the costs of the case.

High Octane

Original Poster:

807 posts

231 months

Monday 8th October 2007
quotequote all
David Godfrey said:
The rules are set for PH, what you do elsewhere is up to you, you want to name and shame anyone that's fine just don't pull PH into it.
That's not my intention, I'm looking for the specific legislation that relates to this.

drivin_me_nuts

17,949 posts

235 months

Monday 8th October 2007
quotequote all
High Octane said:
David Godfrey said:
Hiya, not sure if you have read this, but hopefully this will help

http://pistonheads.co.uk/gassing/topic.asp?h=0&amp...

Rules set are done for this reason.
It was that which led me to my question as it would appear that if a statement is true then no offence has been committed.
even if it was true - and truth is very often not black or white but shades of grey then the next question must be is this actually the place to say it?

So you say that XYZ is a bad company/service etc - that does it achieve apart from offer the single solitary opinion of one individual. It's not right and it's not fair on the company and one sure fire way of destroying the credibility of this forum in no time at all.

superlightr

12,920 posts

287 months

Monday 8th October 2007
quotequote all
publication and communicating of a untrue comment,statement which causes damage in one form or another to a living person or business is the offence.

each and every time it is 'published' its a new offence. Pistonheads would be equally liable for publishing a false statement as well as the original poster.

High Octane

Original Poster:

807 posts

231 months

Monday 8th October 2007
quotequote all
superlightr said:
publication and communicating of a untrue comment,statement which causes damage in one form or another to a living person or business is the offence.

each and every time it is 'published' its a new offence. Pistonheads would be equally liable for publishing a false statement as well as the original poster.
And a true comment? Or a statement of facts, or indeed an open letter asking a company to respond how does that sit?

High Octane

Original Poster:

807 posts

231 months

Monday 8th October 2007
quotequote all
drivin_me_nuts said:
So you say that XYZ is a bad company/service etc - that does it achieve apart from offer the single solitary opinion of one individual. It's not right and it's not fair on the company and one sure fire way of destroying the credibility of this forum in no time at all.
Does the position change if it were to be more than one individual?

drivin_me_nuts

17,949 posts

235 months

Monday 8th October 2007
quotequote all
High Octane said:
superlightr said:
publication and communicating of a untrue comment,statement which causes damage in one form or another to a living person or business is the offence.

each and every time it is 'published' its a new offence. Pistonheads would be equally liable for publishing a false statement as well as the original poster.
And a true comment? Or a statement of facts, or indeed an open letter asking a company to respond how does that sit?
but why choose a public forum to do so? Sorry, but it begs the question - what's your agenda?

Parrot of Doom

23,075 posts

258 months

Monday 8th October 2007
quotequote all
Legally PH is the publisher of all comments made on here. That makes them liable for anything said.

Thats why you can't spill the beans about companies.

High Octane

Original Poster:

807 posts

231 months

Monday 8th October 2007
quotequote all
drivin_me_nuts said:
but why choose a public forum to do so? Sorry, but it begs the question - what's your agenda?
No agenda, just curious to know if there was a specific piece of legislation which pertains to this and so far it appears there isn't.

David Godfrey

3,857 posts

248 months

Monday 8th October 2007
quotequote all
High Octane said:
drivin_me_nuts said:
but why choose a public forum to do so? Sorry, but it begs the question - what's your agenda?
No agenda, just curious to know if there was a specific piece of legislation which pertains to this and so far it appears there isn't.
thumbup I would suggest that simply the rules of the forum have been set, please follow them and everyone will be happy smile