off road lithium batteries, Australian defamation case by manufacturer

Forums › Transport (cars, bikes and boats) › off road lithium batteries, Australian defamation case by manufacturer

kingdragonfly

11992 posts

Uber Geek
+1 received by user: 12887

Subscriber

#315675 5-Aug-2024 20:01

This video was posted 11 months ago by an Australian off road enthusiast "AllOffroad 4x4 Adventures TV"

He reviewed this product. From the manufacturers website, DCS Deep Cycle Systems, deepcyclesystems.com.au

"Lithium Cranking & Starter Battery for Car, 4wd, RV & Boat\\Lithium Cranking & Starter Battery for Car, 4wd, RV & Boat

They are able to withstand extreme levels of vibrations and shocks and are most suited for military, marine & 4WD applications."

DCS was not happy about this Youtube review, and are suing for defamation

For some reason, this case has garnered some international attention. A good number of Youtube creator has come to the creator's defense, AllOffroad.

Defamation cases arise about ten times more often in Australia than in the United Kingdom. link

Defamation cases in the US are much more stringent than Australia, and thus defamation cases are rare.

Australia’s defamation laws have been criticized for being outdated and overly punitive. link

DCS Lithium LiFePo4 Under Bonnet Update: I went back to Lead Acid (under bonnet) 2023

AllOffroad 4x4 Adventures TV

Scott3

4177 posts

Uber Geek
+1 received by user: 2990

Trusted

Lifetime subscriber

#3268432 5-Aug-2024 20:22

One of those situations where litigation is a poor option.

https://en.wikipedia.org/wiki/Streisand_effect

I'm not sure about Australian law, but in general truth (or even if the person making the statement believes it to be true) is a complete defense for deformation.

The 11 month old video linked above has 41k views
Deformation case update 2 (2 weeks old) has 110k views
Deformation case update 3 (3 days old) has 41k views

tweake

2647 posts

Uber Geek
+1 received by user: 1139

#3268433 5-Aug-2024 20:27

its been doing the rounds. a few highish profile utubers have been covering the story. DSC has made themselves a lot of bad publicity.

dolsen

1483 posts

Uber Geek
+1 received by user: 319

Trusted

Lifetime subscriber

#3268441 5-Aug-2024 21:06

The information on the gofundme page about the facebook post shows a very misleading approach from the company. Streisand effect in full force with this one.

Wheelbarrow01

1784 posts

Uber Geek
+1 received by user: 2638

Trusted

Chorus

#3268448 5-Aug-2024 21:55

If you've got 22 minutes to spare, Louis Rossmann has posted a very engaging video in support of his fellow YouTuber, as has John Cadogan and others.

From what I can tell, the company in question does not need this YouTuber to sully their reputation - they are doing a damn fine job of it themselves.

huckster

887 posts

Ultimate Geek
+1 received by user: 460

ID Verified

Lifetime subscriber

#3268452 5-Aug-2024 22:11

Wheelbarrow01:

If you've got 22 minutes to spare, Louis Rossmann has posted a very engaging video in support of his fellow YouTuber, as has John Cadogan and others.

From what I can tell, the company in question does not need this YouTuber to sully their reputation - they are doing a damn fine job of it themselves.

I watched the Rossmann clip until he said the dates were the wrong way round. Maybe this comment is in the wrong thread.....

wellygary

8813 posts

Uber Geek
+1 received by user: 5297

#3268507 6-Aug-2024 08:55

Honest Opinion is a pretty standard defence to Defamation in most English law derived nations, Pretty sure its the same in OZ.... Its basically lawfare...

Mighty Ape

Shop now at Mighty Ape (affiliate link).

kingdragonfly

11992 posts

Uber Geek
+1 received by user: 12887

Subscriber

#3269965 9-Aug-2024 17:22

Some rough language.

DCS' lawsuit against youtuber who reviewed their product gets funnier & funnier

From the presenter Louis Rossmann:

"The Australian government has demonstrated through over 400 pages of their own research -- and testing that they funded through their own renewable energy agency -- that Deep Cycle Systems batteries suck. They are literally at the bottom of the pack.

[The plaintiff being sued by DCS] Stephen Fischer does not have to do anything to prove that in his testing, that this is correct.

He could simply walk into the Australian Court, print out papers from the Australian government, lay them down and say does this company not suck? Because they do.

Now to be clear the batteries that are being tested here are not the same batteries that Stefan went over in his video. Stefan was reviewing the fact that other batteries that DCS makes suck balls, but it's pretty damn good evidence."

kingdragonfly

11992 posts

Uber Geek
+1 received by user: 12887

Subscriber

#3269968 9-Aug-2024 17:31

Deep Cycle Systems (DCS

1.1 stars for 11 reviews

"We have detected a number of positive reviews for this listing which we suspect have been falsely generated and have the potential to mislead consumers.

ProductReview.com.au takes a zero tolerance approach to any fake reviews and have removed these reviews accordingly."

BlakJak

1330 posts

Uber Geek
+1 received by user: 735

Trusted

#3272944 17-Aug-2024 16:54

DCS have written their own death warrant with the way they've handled this. It's just a matter of time.

No signature to see here, move along...

kingdragonfly

11992 posts

Uber Geek
+1 received by user: 12887

Subscriber

#3273589 19-Aug-2024 19:59

Not the best review I've seen. You may want to jump to conclusion. Basically these types of batteries and high ambient temperature under the bonnet seem to be a bad fit.

DCS battery! Youtuber Sued for Reviewing this Battery?! Let's Test It!

kingdragonfly

11992 posts

Uber Geek
+1 received by user: 12887

Subscriber

#3274526 22-Aug-2024 16:21

According to a Youtube creator, the video above got a Youtube privacy complaint. He suspects DCS was upset in either their name in the title, or their logo being shown on the battery, and alleges they may have attempted to get video struck off Youtube.

"This is to notify you that you've received a privacy complaint from an individual regarding your content.

The information reported as violating privacy is at 1 second.

Please note that this violation may occur in the title, video description, channel image, your background.

This notification informs you that another the user raised to privacy concerned about your content.

However not automatically result in your videos being removed.

We will review the complaint for potential violations of our privacy guidelines and consider retract restricting the content in the meantime.

Please review the content and consider making changes to address the potential violation."