A Legal question

Onawingandaprayer

Supposing there was a thread that has been going on and on for months here with regular forumites giving fairly considered views about an investment opportunity. Purely out of interest, what's the legal situation re any less than complimentary views posted therein?

Particularly if the poster had just been contacted by MSE itself and asked not to refer to this contact on the post itself. It may be that other posters on that thread have been contacted also.

It may be for example, cough, that they have been asked if they want their posts to remain on the thread. I feel I do but would welcome other opinions... Anyone else who's been contacted will know of what I write. (Everyone else will think I've gone loopy. Sorry!)

jimjames

In such a hypothetical situation you have described I can envisage the same as you.

Such a situation would reinforce to me the validity of any such comments made about such a post. If I was in a hypothetical situation like this I'd still be looking to decide what action to take

This will probably make even less sense!

TheTracker

I'd avoid the word disparaging for a start. It's loaded with connotations of intent.

Albus

Hi there - I have added my thoughts on the thread in question.

Onawingandaprayer

If it was me and I'd heard from MSE that solicitors working for an organization mentioned repeatedly in such a thread asking for my name and address I think I would probably supply said details to MSE but take a very dim view of them supplying those details on to the solicitors.

As somebody said last night on another thread

Under English law, ideas and opinions are incapable of defaming anyone.

- There is not even a requirement that the opinion must be reasonable - it must simply be honestly held and based on true facts.

Assuming I'm not the only one to have received such an email, I would be interested to know what others are planning to do re MSE's request.

Hypothetically speaking, of course.

ANGLICANPAT

Im sure some would be nervous enough to allow deletion in similar circumstances.

jimjames

ANGLICANPAT wrote: »

Im sure some would be nervous enough to allow deletion in similar circumstances.

I've received a number of solicitors letters over the years threatening action over factually correct online posts. None have ever come to anything, in 99% of cases the letter itself will have the desired effect and get the content removed from the fear of legal action.


In this case it may make the situation worse as the content could multiply across the web.

Malthusian

If you would genuinely enjoy seeing them in court, feel free to refer them to the precedent set by Arkell v Pressdram (1971).

If it would stress you out to receive a demand from a solicitor, I would just take the posts down and not feel any shame about it. The chances of a potential investor beind led into something undesirable because you deleted your post are very low, because there will almost certainly be someone else saying largely the same things. As they keep telling us in the airline safety briefings, you have to look out for yourself first before you can help others.

*edit*

Onawingandaprayer wrote:

If it was me and I'd heard from MSE that solicitors working for an organization mentioned repeatedly in such a thread asking for my name and address I think I would probably supply said details to MSE but take a very dim view of them supplying those details on to the solicitors.

I don't really get this bit, to be honest. What else would MSE want to do with your details?

Onawingandaprayer

Thanks for your reply. MSE have just confirmed to me that they would only pass on my details if compelled to do so by a Court Order. I have to take that at face value I guess.

badger09

Hypothetically speaking, I haven't been contacted by MSE.

Possibly because my hypothetical comment on the relevant hypothetical thread wasn't deemed to be sufficiently uncomplimentary.

Note to self - must try harder:p

jimjames

Malthusian wrote: »

I don't really get this bit, to be honest. What else would MSE want to do with your details?

My understanding is that MSE are then protecting themselves in the event of such legal action and can then pass on the contact details. Without that info they may consider themselves to be more exposed to legal action as it would be them as the publisher not the poster that placed the message.