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120 posts

Master Geek


Topic # 53051 8-Dec-2009 07:38
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Hi,

I just need a bit of advice, a company which has been my fiancee's and I's client for 18 months has recently failed us for the last time, and I would hate others to have the same experience we have.

Does anyone know whether you can legally make your opinions known in a public forum i.e a dedicated website, blog, etc

I'm sure even if you could, if you are stating something about that company/individual everything you say would have to be absolute fact but does anyone know for sure?

This isn't a childish squabble either, I would genuinly like to avoid others falling into the same trap :)

Thanks!

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  Reply # 280238 8-Dec-2009 07:46
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It would only be slander if you tell porkies. One definition of slander is:

"words falsely spoken that damage the reputation of another"

So there is nothing wrong with posting your opinion.

Hell if slagging off a company in a public forum was illegal most of the geekzone members here would be facing court action.

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Master Geek


  Reply # 280245 8-Dec-2009 08:18
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Basically, if it isnt true, you could be sued for defamation.. if it is true and you have proof then sweet as. Still, pays to tread carefully sometimes! All depends if it's anonymous or not too :p

Hell I am not lawyer but there is the whole freedom of speech too, and then the fact that others have a right to know if a person/company etc is rubbish to deal with or whatever...

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  Reply # 280246 8-Dec-2009 08:21
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Technically Slander is "oral" while Libel is "written", if you are intending to voice you opinions via  website it would likely fall within the Libel definition, but NZ's defamation legislation covers both,

Legislation is below.

http://www.legislation.govt.nz/act/public/1992/0105/latest/DLM280687.html



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Master Geek


  Reply # 280247 8-Dec-2009 08:23
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Awesome thanks!! Now...if I was going to ramp it up and get really involved......(and I appreciate that we're not all lawyers and this may be pushing it) but what about using a domain name for my 'blog' that is very similar to theirs....for google ranking and all that =P

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Master Geek


  Reply # 280254 8-Dec-2009 08:33
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Decimate: Awesome thanks!! Now...if I was going to ramp it up and get really involved......(and I appreciate that we're not all lawyers and this may be pushing it) but what about using a domain name for my 'blog' that is very similar to theirs....for google ranking and all that =P


Decimate.. I like your style Laughing

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  Reply # 280257 8-Dec-2009 08:37
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AFAIK no one here is a laywer - IANAL either. Always consult a lawyer. You will find out that even if you are correct you can't go around telling things - that will be grounds for a defamation lawsuit. Make sure you follow legal steps - if the other company is indeed found guilty then you might have something to stand on - otherwise it's your word against theirs and usually whoever complains loses.




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  Reply # 280278 8-Dec-2009 09:26
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just be careful because money talks in the court system and if they are spiteful and have lots they can tie you up for years even if they lose in the end , it will cost you thousands to defend it




Common sense is not as common as you think.


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  Reply # 280280 8-Dec-2009 09:28
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Decimate: Awesome thanks!! Now...if I was going to ramp it up and get really involved......(and I appreciate that we're not all lawyers and this may be pushing it) but what about using a domain name for my 'blog' that is very similar to theirs....for google ranking and all that =P



If you were going to really get involved and ramp it up ... Consult your lawyer before taking action.

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Ultimate Geek
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  Reply # 280294 8-Dec-2009 09:51
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Bit like a 'one night stand', it might feel good to 'let it all out' but risks and possible long term affects probably aren't worth it. Plan it well and be protected.

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