Has anyone faced libel threats after reviewing a private school on mumsnet?

[Epwell]

Anyone else been threatened with libel for posting less-than-positive reviews about City of London Freemen's School?

Surely no-one is daft enough to use their real name and details on Mumsnet?

No but they’d have details of IP address. Plus lots of people would sign up with their normal email address and then when you google it, it’s linked to other accounts with their full name, eg Facebook. It wouldn’t be that hard to work out who they were.

I think posting that the school didn’t take bullying seriously is absolutely fine because it’s your opinion based on your experience. However talking about the headteacher’s “dalliance” and saying things like “if rumours are to be believed” would not be opinion and probably not provable as true (and this is what OP has done).

I'mnot 100% sure what the current legal situatin is but mumsnet are liable for anything posted so if their is a threat of libel action they have two options.

1 Remove the potentially libellous post

2 Let the post stand if the poster agrees to release their contact details to
the court.

She posted the comments 6 years ago, so not at all unreasonable that she could be 54 with a secondary aged child.

No one is going to trace an IP address for a libel claim. Police don't even do that for actual crimes half the time. Plus, most people with sense will be using a VPN or proxy.

Idk, I was born in the 90s so 'Don't use your real name, have several fake email addresses and always use a proxy' just feels like basic common sense to me.

@Comefromaway has it spot on. They aren't tracking people down and knocking on the door - but Mumsnet contacts you on behalf of the company/school that wishes to challenge your post and gives you those 2 options.

You’d think basic common sense is also to name change and not start a thread talking about libel threats using the very same name you have used to make the comments in the first place, plus the name of the school you have been slagging off.

I think some people do also give Mumsnet their full name. Definitely a lot use their normal email that they also have in the public domain. Doubt most would use a VPN either.

However i am sure the school doesn’t have the time or resources to actually get a court order for disclosure of information. But it might be a good time for the OP to name change and put this behind her.

When anyone contacts Mumsnet claiming that a post is libellous and setting out the aspects they believe are factually inaccurate or opinions not supported by fact, Mumsnet must contact the poster concerned within 48 hours. The poster has 5 days to respond. If they want their post to remain on Mumsnet, the poster must provide their full name and postal address.

If the poster cannot be contacted, does not respond, fails to provide the required information or provides false information, Mumsnet must remove the posts in question. If they do not do so, the complainant can sue Mumsnet for libel.

If what you wrote was true, then there is a case against liable/defamation claims. You need to be able to back it up though I think.

These kinds of cases annoy me. The only winners are the lawyers. Far better for the school to work with the family who feel wronged.

It is pretty easy for the school to get a court order forcing Mumsnet to disclose OP's name and address provided she wants her posts to remain visible. All they have to do is show that they have a prima facie case for libel against OP. The sticking point for most businesses is when they take legal advice and are told that they are likely to lose and, even if they don't, the publicity surrounding the case might be worse than simply allowing the posts to stand.

I have been in the past - not about a school but about another business - MN advises you to delete your posts but if you don’t follow through then they can and will release your details if asked to by the courts.

This forum isn’t anonymous.

It's weird they are pursuing libel action now for posts made over 6 years ago

Hmmm, I'm not using VPN or proxy, does this mean I have no basic common sense? 🤔 Why would you use them anyway?

If it is true then it isn't libel and you have a complete defence. If so then the issue is really whether you can be bothered with running the very small risk that they will pursue legal action and you'd have the hassle of dealing with it. Most people would probably delete.

I've been threatened with a libel action a couple of times and both times I was telling the truth and could prove it. I'm also a solicitor so dealing with legal stuff is all in a day's work to me. Both times I refused to retract and guess what, nothing happened.

One was the school my kids had attended and someone was asking on a local FB group if people would recommend it for kids with SEN needs. I said no as my personal experience was that part of the reason it had an outstanding rating and high SATS was that the head would actively discourage parents from sending SEN kids or encourage them to move on once SEN issues emerged on the basis of "we can't meet his/her needs". Head saw it and was furious. I said it's the truth and I'm happy to say it in court if required.

The other one was my son's driving instructor. Absolutely appalling pisstaker. Constantly cancelled lessons and couldn't offer other slots for weeks, despite insisting you couldn't book at all unless you paid for a block of 20 hours of lessons up front. It was just after covid and instructors were in high demand and she really cashed in on it. On local FB groups people would ask if she was recommended and other unsatisfied customers would comment and she'd then pop up threatening to take them to court unless they removed comment. I refused as it was all true and I could prove it. Told her to go ahead, I could do with a good laugh. Spoiler - she didn't.

TLDR: If you're telling the truth you have nothing to worry about ... but if you're going to fret about it, just delete and move on.

This sounds like a smart thing to do. That way there’s no blow back and your factual negative account still stands.

Ive been in the position of leaving a critical but entirely factual review of a company on a public forum. I was able to back up my assertion by a paper trail and evidence. I was threatened by a legal letter to which I did not respond but left the revue intact. I had a couple of letters (which spelled my name wrongly.) I returned them marked "not known" and apparently unopened. If you are careful you can slit an envelope down the side, read it, and glue it back together. After that I heard nothing more. Sometimes companies try to scare off reviewers in this way. Ultimately the company solicitors probably advise them not to proceed with an expensive defamation case.

Surely if you said those things you can back them up with solid evidence. If so you have nothing to worry about.

I mean, you're leaving yourself open. All your comings and goings can be tracked. Couple that with using your real name or an email that is set up in your real name for things like chat forums... Sensible isn't what I'd call it. A proxy would at least disguise your location. Any weirdo with 30 quid spare and/or a grasp of basic hacking could find you. Even I probably could.

Can someone dm me the juicy deleted goss

Well yes, if a court orders mumsnet to hand over what they have then they have no choice.
If you have told the truth then stand your ground.

I was, for a different school, well known for legal challenges. The post was also not terribly recent, and was all true.
I deleted the post as my employer would not take kindly to such matters ( the named school was reasonably local and the court case probably would have ended up in the press, they have definitely followed other threats through over suing ).