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December 20, 2005

Platinax faces legal threat

Today I received a letter through the solicitors for a company, demanding removal of material from the Platinax forums, after people claiming to be customers posted complaints about the company’s sales procedure.

I received two phone calls from a representative of the company in question, telling me to remove the threads or face the legal consequences.

Although I initially complied, I returned the threads to the forum on the grounds that I personally didn’t see anything defamatory - simply valid customer complaints.

Now their solicitors are demanding:

1. Removal of the threads
2. A public apology
3. Payment of legal fees so far incurred
4. All details on forum members who have complained

It certainly poses an interesting general question - “when is a complaint defamatory?”

It is also going to be very interesting to see to what extent forum admins have legal responsibility over such postings - especially as the company’s solicitors are claiming to hold not simply Platinax Internet Ltd - which runs this site - as legally responsible, but also myself personally, and my marketing company, Britecorp.

There’s a fundamental issue of rights of expression online that underlines this.

I accept that obviously defmatory comments have no place in the forums I admin, but I do not accept that companies have any right to silence valid customer complaints from the internet, as I see in this situation.

I go see a very good solicitors on Thursday - I’ll let you know what advice I’m given on the matter.



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4 Comments »
  1. Best of luck with this, bud - corporate attempts to censor and control the web are fast becoming more intrusive and sinister than governmental interference.

    Joe, Edinburgh

    Comment by Joe — December 21, 2005 @ 4:53 pm

  2. In the United States, Section 230 of the Communications Decency Act protects operators of Internet forums defamation suits, in which a 3rd party posts critical commentary to the forum. In a nutshell, the publisher is the poster, not the forum operators, and defamation suits can be brought against the poster of the original comment, but not the forum operator. Does the UK have an equivalent?

    Comment by Ian — December 22, 2005 @ 8:13 pm

  3. Thanks for the comments - unfortunately, I spoke with my solicitors today, and the advice is that in case like defamation in the UK, I must prove the allegations true in order to publish them.

    I’ve taken the original customer complaints down from the forums, and will write an article up tomorrow about the legal issues of such a case for other UK webmasters to reference, in case it serves as useful.

    In the meantime, my solicitors make reply tomorrow that the matter is ended. If their solicitors accept this is the case, then the matter is ended.

    EDIT: Article is here: Legal Responsibilities of Webmasters

    Comment by Administrator — December 22, 2005 @ 11:05 pm

  4. [...] As I mentioned before, Platinax is facing a legal challenge. [...]

    Pingback by Brian’s Business Blog » Frustrations dealing with legal issues — February 9, 2006 @ 2:41 pm

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