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  #21  
Old 10-11-11, 12:39
djespie djespie is offline
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Default Re: naming and shaming -please read

Quote:
Originally Posted by Meatball View Post
Right this is for your information



The forum currently runs a NO naming and shaming policy.

The moderators in their entirety have no part to play in the rule making process of the forum. We merely interpret and enforce these rules for the smooth running of the forum.

Please note (and this is important). We neither condone, support, applaud or like scumbags and rip off merchants that stitch up the members so please don't try to belittle us by insinuating that "we must support these people, because we don't allow you to name and shame them"

If you have a problem with someone then feel free to put up a thread detailing the problems but do not include the name. Communicate it to all interested parties by pm.

It gets a bit boring having to say the same thing over and over again, so please note


If the forum changes its policy on naming and shaming I will put up a massive bold heading that says so. Until you see such a heading please assume the rules are still in force and think before posting "why can't we name and shame" then following it up by attempting to give the mods a caning


Many thanks



Much luv


Dave,

You haven't actually stated why there is a no naming and shaming policy and what antecedent has driven this policy to be implemented.

Just stating that you 'can't name and shame' so there, will only lead to some of the forum antagonists giving the mods and admin another hard time over this, especially as the 'show season' is pretty much over and with some members having far too much time on their hands and just looking to stir up another needless argument, then discussing the ensuing argument with joviality on other forums.

I just think if you actually specifically stated this is 'why you can't and not said you can't so there' would go much further with gaining the respect and understanding of other forum members.

Dave.
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  #22  
Old 10-11-11, 12:55
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go-ferret go-ferret is offline
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Default Re: naming and shaming -please read

I've said it time and time again over the years...

Anyway though - here's a part of what will form a section of the comprehensive new rules i'm nearly ready to post onto the site to replace the old ones. This part solely concerns itself with Naming & Shaming:


What is defamation?
It is a law created to protect individuals or organisations from unwarranted, mistaken or untruthful attacks on their reputation. This means the publication of any statement which:
  • Exposes them to hatred, ridicule or contempt
  • Causes them to be shunned or avoided
  • Discredits them in their trade, business or profession
  • Generally lowers them in the eyes of right thinking members of society
  • Posting a defamatory statement on an internet message board or community area is the same as publishing it in a newspaper or magazine and can result in a court case if a formal complaint is made. Both the publisher (in this case the VWT4 Forum) and the author (you) risk being sued for making a defamatory statement. And there is no Legal Aid for defamation.
How to avoid it
Get your facts right. In English law YOU have to prove that what you write is true, rather than the person you've targeted having to prove that you're wrong. And proving things in court can be a very difficult and costly process.

Don't make these common mistakes...
  • Repeating others...If you repeat defamatory remarks about people or organisations made by other people, you will be just as liable to be sued as they are.
  • Jumping to conclusions...
    If Mr X is seen going into Mercedes van dealership, this does not necessarily mean he's part-exchanging his VWT4 for a Vito, and will certainly not prove that he is.
  • Exaggeration...
    Be very careful about the words you use. A firm may charge more for their parts or services than the expected market rate but describing it as "ripping people off" may well be considered defamation.
  • Representing all sides...
    Presenting both sides of an argument is often good practice, but not a defence against defamation.
  • Innuendo...
    To say Mrs Y's van is not always washed/tidy/dent free, may sound harmless. But to people who know that Mrs Y owns a car Valeting company, the implication is that her company is a poor one.
  • Inference...
    If somebody was guilty of fraud once, calling him a fraudster in a way which might suggest he's still doing the same can be seen as defamation.
  • 'Allegedly'...
    In spite of its use in a popular current affairs panel game, adding the word 'allegedly' to a statement you cannot prove does not stop it being defamation.
What isn't Defamation?
You can make negative statements about a large group of individuals, like the government or a local authority, but not about any specific person within those organisations. So it is possible to defame the Prime Minister or the President of the USA, but not their governments.
Dead people cannot be defamed.
Defending a statement
In the event that you are accused of defamation, there are three main defences...
  • Justification...
    This is the most common defence against defamation. It means that you have evidence that will stand up in a court of law that can prove what you are saying is true.
  • Fair Comment...
    Honest opinion on a matter of public interest can also be used as a defence against defamation, provided the statement was made without 'malice' and based on established facts. (In legal terms, malice means making a comment based on facts you knew to be untrue, commenting on facts without caring whether they were true or not, or simply setting out to discredit someone.)
  • Privilege...
    There are times when complete freedom of speech, without any risk of defamation, is in the public interest. For example, the Bill of Rights allows MPs to say what they like within the debating chambers of the House of Commons, so they can discuss issues without worrying about being sued. This is unlikely to ever be a defence relevant on the VWT4 Forum.
Forum Policy
The Forum Policy will always be to err on the side of caution.

Defamation laws exist to protect individuals or organisations from unwarranted, mistaken or untruthful attacks on their reputation. Posting a defamatory statement on a forum is the same as publishing it in a newspaper or magazine and can result in a court case if a formal complaint is made. Moderation helps avoid expensive legal action that could cost hundreds of thousands of pounds irrespective of the rights or wrongs of the individual case.

Both you and the VWT4 Forum can be held liable if you make a defamatory statement on the VWT4 Forum website. So we will remove comments where we have insufficient evidence to defend publication of your statement. This means the Forum moderators will be expected to err on the side of caution when considering topics that include Naming and Shaming.


The information provided on this site is intended as a guide only. It does not constitute legal advice.

Relish my uno !!!!!
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  #23  
Old 10-11-11, 13:05
djespie djespie is offline
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Default Re: naming and shaming -please read

Simon,

Thank you for posting this up. This is what I was getting at, hard based facts regarding why the policy is in place.

In principal I actually agree with naming and shaming, however I shall continue to respect the forum policy on this. Hopefully this will put the issue to bed once and for when the new policy/rules come into effect.

Nice one!

Dave.
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  #24  
Old 10-11-11, 13:49
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go-ferret go-ferret is offline
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Default Re: naming and shaming -please read

The full text of the revised Forum Rules is available here

...or by clicking on the Forum Rules link at the bottom of any forum in the bottom left hand corner of the screen


I'll be posting them up in the Forum Rules section on the home page once i've completed a précis'd version as obviously they are a bit "wordy" and don't include commonly asked questions such as "how do I take out a subscription" or "how do I advertise in the classifieds section"

Relish my uno !!!!!
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