Defamation

[Pegger]

Does anyone know (please no opinions), if just stating the true facts of what happened to me when I dealt with a dealer (dealers named would be mentioned), without expressing my opinion is defamation.

Regards,
Steve

 

[coinking]

Does anyone know (please no opinions), if just stating the true facts of what happened to me when I dealt with a dealer (dealers named would be mentioned), without expressing my opinion is defamation.

Regards,
Steve

There is no easy answer to that question. What constitutes defamation (or if the statement is in writing, libel), and what defenses are available, varies considerably by jurisdiction. In my opinion, a complete answer to your question is beyond the scope of this forum and would likely not provide you with a definitive answer in any event.

In a litigious world, stating "facts" or opinions that cast someone in a negative light exposes the person making such statements to the risk of being sued. Even if a valid defense to such a lawsuit exists, the costs (money, time, emotional, etc.) of defending such a suit are significant.

My free and unsolicited advice is to tread carefully when you intend to make statements that name specific persons or businesses. You may be completely in the right, but that won't necessarily protect you from being sued.

 

[hypertech]

Coin king, are you a lawyer?

My advice to the OP is that if you are concerned enough to want what amounts to legal advice, that you seek out a lawyer licensed to practice in your jurisdiction and ask them instead of a scuba forum.

 

[fisheater]

I'm a lawyer, but not your lawyer.

I think that you likely asked the wrong question. You probably want to ask "If I post truthfully, can I be sued for defamation?"

In the US, generally, anyone can sue anyone for anything. Recovering is a different question.

As said above, if you need legal advice, get a lawyer.


Sent from my iPhone using Tapatalk

 

[Kiwi303]

I'm in New Zealand, which has similar UK based laws, and here if you make a factual statement, and have the proof that such a statement is factual, then while yes you can be sued, showing the court the proof of the statements made will get the case dismissed.

They need to prove that your statement is false for it to be libelous or slanderous. stating facts when such facts are true and provable is neither slander or libel.

For instance, stating Dealer X charged $Y for item A, while Dealer Z charged one quarter as much, so you will not be using Dealer X anymore as his prices are too high, if you have the reciepts that say one item which is identical to the other item bought in two places and one if 4 times the price of the other... that's a truthful statement.

If you just say with no proof that Dealer X is a rip-off artist, don't buy from him... then yes Dealer X could claim libel if you are unable to provide any proof beyond your own opinions.


Under Westminister law, which the commonwealth bases a large part of their common legal basis upon, A truthful, provable statement of fact, is not libel.



Disclaimer: I did classes in prelaw and law of contracts as part of my studies for a business management degree, but I am not a qualified lawyer.

 

[Rhone Man]

In every jurisdiction that I am admitted in (four), truth is an absolute defence to a claim of defamation. However, I am not admitted in Ontario, so you may want to check locally.

Bear in mind though that it may depend upon which jurisdiction you are in as to effective the defence may be. In England, the defendant has to prove that the defamatory statement was true. But (oversimplifying slightly) in most US states, the claimant has to prove that the defamatory statement was untrue. As a result, you get a lot more defamation claims in the UK than in the US.

Just bear in mind that what you think is the "truth" may look very different when additional "true" facts are added to present a fuller picture.

 

[Brendon]

Pegger,

Just use an alias that doesn't trace back to you, and say what you have to say... If the guy ripped you off, tell everyone. The reality is in month or two people wont remember, so whats the point. Aside from making yourself feel better. If thats all that matters go have a couple of cocktails and get over it.

 

[scubadiver888]

Pegger, go to Law Society of Upper Canada. They have a lawyer referral service. They will direct you to a lawyer which can answer your question. I believe the first 30 minutes are free.

 

[Walter]

You can be traced.

Even if you can successfully defend yourself, it probably won't be cheap.

 

[ItsBruce]

Whatever, bad things people may say about California, one thing we have is a statute that lets courts summarily dispose of meritless defamation cases. The defendant must make a showing that he, she or it made a statement on a matter of broad public interest and the plaintiff must come back and show a probability of being able to prove the statements were false and defamatory. It is a very tough thing to do. Little though I think of our State Legislature, it passed this law to prevent targets of public protest (i.e. land developers) from suing protestors just to quiet them. Our statute is referred to as the Anti-SLAPP statute, with SLAPP standing for Strategic Litigation Against Public Participation. I do not know what other jurisdictions may have something similar.