Is libel possible on a forum?

MrShed · 7th June 2008, 17:52

Hi all,

another thread has got me thinking....is libel actually possible on a forum?

Let me explain what I mean - obviously I realise that libel of a company or individual is perfectly possible. But is libel possible between two forum members? For example, if BankFodder said "MrShed stole a car" (which obviously isnt true), as there is no personally identifyable information about me on here, can I actually pursue this at all(in theory of course BF

)?

Cheers for your opinions in advance!

jonni2bad · 7th June 2008, 18:12

MrShed · 7th June 2008, 18:15

Thanks guys,

Davjoh, guessing you know which thread got me thinking

Conniff · 7th June 2008, 23:13

Quote:

Originally Posted by MrShed

Hi all,

another thread has got me thinking....is libel actually possible on a forum?

Let me explain what I mean - obviously I realise that libel of a company or individual is perfectly possible. But is libel possible between two forum members? For example, if BankFodder said "MrShed stole a car" (which obviously isnt true), as there is no personally identifyable information about me on here, can I actually pursue this at all(in theory of course BF

)?

Cheers for your opinions in advance!

Don't go by the other answer too much.
Bankfodder is 6'8" and weighs 16 stone - if he says you stole a car, then you stole a car.

Goldlady · 7th June 2008, 23:16

WWOW · 9th June 2008, 22:30

Quote:

Originally Posted by MrShed

another thread has got me thinking....is libel actually possible on a forum?

Quote:

Originally Posted by jonni2bad

Yes.

Forum moderators are usually unpaid homeworkers and aren't liable.

Only the hosting company - or ISP who controls the computer the defamatory information is contained is liable. That doesn't extend (as yet) to websites or their owners.

Google Laurence Godfrey -v- Demon Internet Ltd.

jonni2bad · 9th June 2008, 22:43

I could be wrong, but I think the OP was asking if libel was possible "from within" a forum - i.e. via this type of medium, not actually the forum per se.

I did of course keep the answer short, since there are various factors which would (or not) cause the potential for libel. Without further input from the OP, it's hard to know if there was a specific reason, or just more vaguely as the title suggested.

Conniff's answer is still the best yet!

MrShed · 9th June 2008, 23:06

Hi all

The question was theoretical, and yes was about using the forum as a medium of communication, as opposed to it being a "repository" of posts, if that makes sense!!

noomill060 · 13th June 2008, 14:23

Only if your name is really Mr Shed. You cant libel a unidentifiable user ID.

JonCris · 13th June 2008, 14:37

If the person (or company) is unidentifiable then the answer is no & even if the are & it IS true then again the answer is no

MrShed · 13th June 2008, 16:37

Differs from the above points there....

Must admit, thats what I thought, but the points above seem to state otherwise!

jonni2bad · 13th June 2008, 19:36

Just because users A, B, C, D and E do not know user F, it doesn't mean that no other people on, or even off the forum, do not know the identity of user F.

Where user A posts comments which 'are libellous' against user F, those who do know the identity of user F would not simply have seen comments directed to an unknown party, but to a real person.

This is the essence of the potential for libel on a forum.

Just because it may be possible, it does not mean that it is...

MrShed · 13th June 2008, 20:20

Preumably then, you would have to prove that people knew who you were from your nick?

jonni2bad · 14th June 2008, 12:30

Essentially, yes. Although in the case of libel or defamation there is less of a burden of proof, per se, than the way we perhaps tend to think about court cases.

It would still have to be a sound case, but there is an element of "what a reasonable person would believe" in asserting if a user could be identified, or indeed if the text posted did in fact libel or defame someone.

At least, that's what I'm led to believe

I'm sure that there are many forums who have faced threats around these issues, some may have a basis for this, many more may be quite frivolous - I couldn't possibly comment!

Hobbie · 14th June 2008, 13:08

I think the answer is, MrShed don't go stealing any cars and you'll not have BankFodder saying you did

But I must admit I found the Laurence Godfrey -v- Demon Internet Ltd case very interesting indeed. And indeed it does make clear several points.

JonCris · 14th June 2008, 13:20

Dare I say it but could the findings here be extrapolated to the matter of the CRA's & their often inaccurate, misleading & defaming data being distributed by them to their clients

WWOW · 15th June 2008, 11:15

Quote:

Originally Posted by MrShed

Differs from the above points there....

Must admit, thats what I thought, but the points above seem to state otherwise!

Forum administrators being able to identify a user by name or address is urban

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