Posts: 397
Since: 16/10/2008
Region: UAE/MiddleEast
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Guidelines Regarding 'Naming And Shaming'
Please allow me to elaborate on the legal implications for us all, when 'naming and shaming', as relayed to me by our legal counsel: -
Firstly it's simply a matter of fairness. All too often one hears a 'horror' story about a dealer only to later talk to the dealer involved and find that there are considerably different views on what actually took place.
As with all things, there are dealers out there as well as customers with unreasonable expectations in certain instances - either party may expect too much, distort the facts in their favour, etc. etc. And as always seems to be the case, there is little independently recorded third party evidence, to substantiate either side’s claims – which is what the law ideally requires in case of a legal dispute. So, in the case of ‘he said, she said’ arguments, which they almost always seem to be, how can we act as judge and jury when someone posts something bad about a business, when we can't always verify the 'facts' as presented? If the dealer doesn't even know that the message has been posted then it's somewhat unfair on their business to be slated in public with no opportunity to respond. And even if the dealer or company does frequent this site, is it right that a dispute should be argued out in public? That's no way to resolve matters sensibly.
MaseratiForum.co.uk then becomes involved as a 'publisher' of what may be libellous, making matters even more complex. If we're asked to remove comments by a company and we consider them potentially libellous then we will have to take them off the site. That then leaves the posters open to litigation, and we do not want to see that happen.
Disputes are best dealt with in the real world through normal channels. Doing it online merely opens a can of worms for the person naming the dealer, for MaseratiForum.co.uk and for the business being discussed.
We've no desire to become embroiled in legal disputes and start providing transcripts of threads to solicitors (yes, it has happened).
Many people do not realise that they are opening themselves up to accusations of libel too. "But what I posted was true" is a frequent retort. That's as may be, but all too often emotions creeps into messages and people end up stepping over the line, putting themselves in a position where they could invite a whole heap of trouble.
Naturally, members wish to air their ill-feeling, and we 100% understand that, but within legal parameters please. So, the answer is that we kindly request people not to indulge in excessively one-sided 'name and shame' discussions. It's the simplest solution found.
Rest assured though, these guidlines are preceded by a 'common sense' rule hence many threads are live that namecheck third parties in a negative light. We only step in when the threat of legal action is looming large.
< Message edited by Birdcage -- 20/3/2010 20:06:38 >
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