UPDATE

AS OF JANUARY 1, 2013 - POSTING ON THIS BLOG WILL NO LONGER BE 'DAILY'. SWITCHING TO 'OCCASIONAL' POSTING.

Sunday, April 01, 2012

'Gripe Site' Is Protected Free Speech, Not Defamation



(an article regarding 'disclaimers' about the type of site - exposure - EOPC is)

"The contents of a New Jersey man's "gripe site" -- a 45-page Web site dedicated to the perceived misdeeds of his car insurer -- were protected free speech that did not constitute defamation, a Manhattan judge has ruled.

"...alleged that Ronald DiGiovanni's site made eight libelous statements about its business, including that it is a "blatantly dishonest company" that has been "running scams," "committing fraud on a grand scale," and "ripping off its contract holders for quite a while...

"The court holds that the cause of action for libel ... should be dismissed because the challenged speech is merely a statement of defendant's personal opinion...

"...his statements reflect his personal opinion based upon his personal dealings with plaintiff. They're subjective expressions of consumer dissatisfaction [and] are not actionable because they are defendant's personal opinion."

(Stick to the truth and be sure you can back it up -- not just your assumptions or guesses.

The truth is a 100% defence to defamation. If you post something like "John had a criminal record" or "Sue has no licences for her job" WITH THE PUBLIC RECORDS PROVING THAT - it is not defamatory in any way. However, saying something like "Diane is a lesbian" online with no proof... IS DEFAMATORY


Don't assume because someone was angry at you - that makes them abusive. The court could say you made 'assumptions.' And only the TRUTH is a complete defense to charges of slander or defamation.)


ORIGINAL ARTICLE HERE

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