Freedom of speech

MyOnlyPost

steampowered wrote: »

Libel and defamation both require a factual statement to be made that is untrue.

"I think xxx is being investigated by operation yewtree" is a factual statement dressed up as an opinion. People get sued for such statements when they are alleging that they have a factual basis for believing that Mr xxx is being investigated in the manner described.

Yes you are correct. That was a very poor example I chose and your explanation adds much more clarity. Statements of fact that can be proven to be true cannot be libelous, whereas statements of fact that cannot be proven to be true can be. Most opinions including mine are..... where's the poo emoticon? :silenced:

kinger101

steampowered wrote: »

I can't see a legal problem. The statement "Do Not Buy" is entirely one of opinion, not of fact, so I really cannot see how an action for defamation could be brought.

Of course if a potential buyer approached you and you told that buyer something factually untrue, and the builder lost sales as a result, you could then be liable for defamation.

I assume there is no covenant affecting your property preventing you from sticking up a sign.

Opinions still fall within the libel laws. Particularly ones not based on facts.

anotheruser

Miss_Samantha wrote: »

Sometimes corporations can sue you just because they now that you cannot afford it and so will settle or go bankrupt.

If someone bankrupted me... for a reason such as this... it would become personal for me and I'd not care, thus making it personal to them too.

Guest101

The truth can never be libel:

"I regret buying this house"

kinger101

Guest101 wrote: »

The truth can never be libel:

"I regret buying this house"

Technically, the truth can be libel. In England, you don't just need to be true, but demonstrably so.

Guest101

kinger101 wrote: »

Technically, the truth can be libel. In England, you don't just need to be true, but demonstrably so.

I think by putting up the banner that is demonstrating it

kinger101

I wasn't criticizing your example. Just your incorrect assertion that "the truth can never be libel".

trevormax

DO NOT BUY (the crumpets from the local shop), ASK US WHY (we use comfort fabric softener).

Until someone comes to ask you specifically what you mean by that sign, how are the builders able to prove that you did not mean what I just typed? Even so, by saying "DO NOT BUY", you have not stated anything, you are giving advice. You have not said anything that is untrue as you have not stated anything as a fact. You have not made any comment about the building company on that sign.

However, I would go with Guest 101.

I REGRET BUYING THIS HOUSE. ASK ME WHY.

It is a fact beyond a shadow of a doubt (and one that only you can prove right or wrong) that you regret buying the house. You are stating a fact, not just an opinion.
You are then inviting people to ask you why you regret it. Again, as long as you give true facts to anyone asking and not opinions or lies, you are doing nothing wrong.

kinger101

Just to re-iterate GMs point on legal advice, I don't know much about libel, but enough to know what some people have written is categorically false. When things do end up in court, it's some judge and not some random folk on the internet that decide.

In any event, it's likely a covenant can be enforced to make you take down any sign. It's the likely legal route they'd take given it's a guaranteed result.

If it were me, I'd just be a real pain in their sales office. Eventually, they'll get sick of the sight of you, and it will business sense for them to just fix whatever minor snags you have.

DaftyDuck

The one thing you can be sure of by taking this action is that if you get anything whatsoever from the company, it will be the absolute bare minimum!