Defamation

[Walter]

California's anti SLAPP law also requires folks bringing such a suit to pay the legal costs of defense. It's an excellent law.

 

[ItsBruce]

I forgot to mention that ... and sometimes what the plaintiff must pay is astounding.

 

[kdsmithjr]

it depends on where you live. I am an american and i live in the philippines. my understanding of the law here is that if make a negative comment about a business, they can sue you for defamation and the truth of your statement if NOT a defense.

 

[Rhone Man]

California's anti SLAPP law also requires folks bringing such a suit to pay the legal costs of defense. It's an excellent law.

That has been the rule in the UK and the Commonwealth since, well, forever. You think long and hard before bringing a frivolous lawsuit in the UK. The downside is that sometimes it deters legitimate but impoverished claimants.

 

[kdsmithjr]

Coin king, are you a lawyer?

My advice to the OP is that if you are concerned enough to want what amounts to legal advice, that you seek out a lawyer licensed to practice in your jurisdiction and ask them instead of a scuba forum.

I think that is good advice, generally speaking. I assume the OP would not take the opinions here...some from persons admitted to the bar...as the basis of a defense in a law suit. If he wants legal advice, then only a lawyer in the jurisdiction in which an action might ensue is appropriate. I took his question in the more generic sense and I hope he has learned here...other than the obvious "....if you want legal advice, hire a lawyer." that what constitutes "defamation" differs in different locales. There may be some basics that are universal, but consumer-friendly jurisdictions favor true expressions by a consumer and lower barriers. Business-friendly jurisdictions tend to favor businesses and, though they might stick to the basic tenets here, they make it so that only consumers who "can afford it" get any real consumer protection. Both orientations have merit depending on perspective.

 

[Belmont]

You can make a complaint to the consumer protection agency.

 

[ozzydamo]

Does anyone know (please no opinions), if just stating the true facts of what happened to me when I dealt with a dealer (dealers named would be mentioned), without expressing my opinion is defamation.

Regards,
Steve

Do what the law does best!
State things in an ambiguous manner, so you can't be fingered for anything.
Word of mouth or "the grape vine" is the way the peasants have always defended themselves. PM on forums are useful.

 

[ozzydamo]

I think that is good advice, generally speaking. I assume the OP would not take the opinions here...some from persons admitted to the bar...as the basis of a defense in a law suit. If he wants legal advice, then only a lawyer in the jurisdiction in which an action might ensue is appropriate. I took his question in the more generic sense and I hope he has learned here...other than the obvious "....if you want legal advice, hire a lawyer." that what constitutes "defamation" differs in different locales. There may be some basics that are universal, but consumer-friendly jurisdictions favor true expressions by a consumer and lower barriers. Business-friendly jurisdictions tend to favor businesses and, though they might stick to the basic tenets here, they make it so that only consumers who "can afford it" get any real consumer protection. Both orientations have merit depending on perspective.

I think its crap advise!
Don't buy anything from that company is the right advise!
and use your mouth, not the keyboard to spread the news about what happened- making lawyers richer isn't helping anybody except the lawyers- who are at an all time low in the mind of the general public, laws are generally used by those whom would abuse good intent and common decency.
If you needed to consult a lawyer, I question your intent. People are human- they are imperfect and non-permanent, this truth is overlooked quite often by the "Law" which seems to have been written for the immortal Corporation that want to own us all.

There is a natural anarchy to life that can't be changed by written laws (but they don't want you to know this!).

 

[flots am]

Does anyone know (please no opinions), if just stating the true facts of what happened to me when I dealt with a dealer (dealers named would be mentioned), without expressing my opinion is defamation.

As the lawyers have said, anybody can sue you for anything, however winning is a different story.

The only thing of value I'll add to this is that in the Information Age, it may pay you to maintain an insurance policy that will defend you against this type of thing. A several-million dollar umbrella policy to go along with your home-owner's insurance is inexpensive and puts you in a much different position than someone who is directly at risk. This will cover enough legal representation that only the most determined (and wealthy) businesses will attempt to sue you, and then only if they're pretty sure of winning.

The insurance company will do whatever costs them less money, so they're more than happy to spend a few hundred thousand dollars to save millions. Typically this means that they won't have to do either, since going up against a huge well-funded corporation isn't something most sane people or small businesses are willing to do.

flots.

 

[Jaydubya]

Consult an attorney in your jurisdiction who is current on internet defamation cases. Not all of them are.

In common law jurisdictions truth is an absolute defense, but someone can still sue you, cost you thousands in legal expenses, and make your life hell. That's one reason I have an umbrella insurance policy that will, among other things, defend and indemnify me in slander and libel cases. Umbrella insurance is dirt cheap, so I don't leave home without it. These policies typically don't cover punitive damages, so even if you have a policy don't knowlingly make false or misleading statements that might hurt someone's business. I don't know if these policies are available in Canada.