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Thread: Libel and you

  1. #11
    Join Date: Jan 2008

    Location: Long Stratton, Norfolk

    Posts: 4,236
    I'm Rob.

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    Quote Originally Posted by Joe View Post
    I think you fundamentally misunderstand the law relating to libel if you believe that.

    Making a statement that reflects adversely on another person's honesty and/or competence to do their job is libellous unless you can prove that they have been dishonest and/or incompetent. The UK libel laws are amongst the toughest in the world.
    I'm not talking about libel law, it doesn't apply in this case. I read through the thread in question, and the comments are written as opinions and personal thoughts. For an organisation to bring legal action against a forum thread would be laughed out of a lawyers office long before we were all sued. As individuals we would have huge defence from a freedom of speech standpoint, as opinions can be aired on a public forum.

    Find me a libellous comment on the thread, one that would make Haymarket actually decide to take very costly and time consuming legal action.
    .
    Evolution: One man's preposterous and non-sensical hypothesis based on the death of his daughter, now sadly taught as fact. Evidence to the contrary.

  2. #12
    Join Date: Jan 2008

    Location: Central England

    Posts: 2,937

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    Joe, you just did, repeat someone's words....

    I would never say a reviewer was incompetent but I'd feel comfortable in saying that a particular review was flawed and was therefore not written competently.

  3. #13
    Join Date: Jan 2008

    Location: Central England

    Posts: 2,937

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    It is worth noting that this particular thread has stood the test of time:

    http://forums.naim-audio.com/eve/for...5371956252/p/1

  4. #14
    Join Date: May 2009

    Location: Bristol

    Posts: 4,594

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    You should read up on some of the libel cases reported by Private Eye. Publishers and authors are sued, or subjected to injunctions all the time for expressing opinions, which have in many cases been quite safely published in the USA and other countries. That's why the UK gets lots of 'libel tourists'.

    See http://www.timesonline.co.uk/tol/new...cle6898172.ece for an example of this.


    I doubt that WHF would sue, because it would backfire on them if they did, but don't go thinking that if you preface a remark 'in my opinion' it protects you from the libel laws. Imagine if you wrote 'In my opinion person X is a child abuser'. Do you think the 'in my opinion' bit removes the libel?

  5. #15
    Join Date: Jan 2008

    Location: Wrexham, North Wales, UK

    Posts: 93,462
    I'm AudioAl'sArbiterForPISHANTO.

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    Hi Joe,

    I sympathise with your view in the strictest sense (as indeed Alan outlined earlier), however if I wish to imply (with very good reason) that I think someone or something is corrupt then I shall do so and accept the consequences, if indeed in this instance there are any.

    I'm sure that if I looked into things in sufficient detail I could find sufficient evidence to confirm my accusations... This sort of thing is rife in business (not just in the hi-fi industry), so I'm afraid that we have to face up to reality. I wouldn't say these things if I didn't feel very strongly they existed.

    The fact is that some things in life *are* indeed corrupt, and it is necessary to expose them for the benefit of public knowledge. This is exactly what I will do, and use the voice I have here to showcase what I consider are rather 'jaundiced' magazine reviews or anything else of a similar unjustly biased nature

    Marco.
    I always feel sad for those who are (or have been) less fortunate than me in life and love.

  6. #16
    Join Date: Jan 2008

    Location: Long Stratton, Norfolk

    Posts: 4,236
    I'm Rob.

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    Quote Originally Posted by Joe View Post
    Imagine if you wrote 'In my opinion person X is a child abuser'. Do you think the 'in my opinion' bit removes the libel?
    Legally it puts it straight into a grey area, as it's an opinion.

    Private Eye may well be getting sued all the time, but then again they sue all the time, it's part of their game.
    .
    Evolution: One man's preposterous and non-sensical hypothesis based on the death of his daughter, now sadly taught as fact. Evidence to the contrary.

  7. #17
    Join Date: May 2009

    Location: Bristol

    Posts: 4,594

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    Quote Originally Posted by Steve Toy View Post
    Joe, you just did, repeat someone's words....

    I would never say a reviewer was incompetent but I'd feel comfortable in saying that a particular review was flawed and was therefore not written competently.
    That's OK, because you're questioning the methodology of a particular review rather than the reviewer's competence.

    Another example in times gone by was an actress who succesfully sued a critic who wrote that she 'couldn't act'. If he'd limited his observations to the one performance ('Ms X's performance in this role left a lot to be desired')he'd have been OK.

  8. #18
    Join Date: May 2009

    Location: Bristol

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    Quote Originally Posted by Filterlab View Post
    Legally it puts it straight into a grey area, as it's an opinion.

    Private Eye may well be getting sued all the time, but then again they sue all the time, it's part of their game.
    I don't recall Private Eye ever suing anyone.

  9. #19
    Join Date: Jan 2008

    Location: Long Stratton, Norfolk

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    I'm Rob.

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    Quote Originally Posted by Joe View Post
    I don't recall Private Eye ever suing anyone.
    Do you work for their legal department?
    .
    Evolution: One man's preposterous and non-sensical hypothesis based on the death of his daughter, now sadly taught as fact. Evidence to the contrary.

  10. #20
    Join Date: May 2009

    Location: Bristol

    Posts: 4,594

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    No. Do you?

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