Saturday, March 31, 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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