Libel?

[Galena]

X uses a particular service-provider.
The service provider has done something at best unwise, at worst illegal.
X comments on a social media site telling people what her service-provider has done, without naming the service-provider.
One of X's friends passes the comments to the service-provider.
Service-provider threatens X with legal action for libel.

Do they have a case?

No. Telling the truth is an absolute defence.

Thank you.

What if the only proof X has is the word of a young child?

It's not libel.

Are you saying that she doesn't know whether or not her comments were true, just that a small child says the service provider did this?

The child made a comment about something that the service provider did and X mentioned this online. Assuming it is true, it is ill-advised or illegal. Others expressed their opinions on this and it was discussed. Then X received a letter threatening legal action for libel.

At no point was the service provider named. The small child's comment was unlikely to be untrue - it was a throwaway comment just passing on information.

Hm, ok trying to get my head round this.

So, for example.

The child saw the man fitting the satellite dish and told his mum 'The bloke fitting the satellite dish was having a spliff!'

Said mum then writes on social media 'My child said he saw the man fitting our dish smoking a joint!'

A few other people chime in.

A well known provider of satellite dishes sees this, thinks it's about them and then contacts the woman threatening legal action?

Sorry should have said that one of the people chiming in flags it with the well known satellite company.

It really depends on the service, the comment blah blah

To sue for libel you need a lot of money. And it takes a lot of effort. In this case the onus would be on the woman to prove the service provider did something as opposed to it being up to the service provider to prove that it didn't.

Sorry for multiple stupid posts. Thinking out loud

SKY HIGH? boom boom. Sorry couldn,t resist it.

I thought libel cases were massively hard to bring.
And lengthy, remember the Mcdonald case?

If X wants to argue justification (i.e. that the allegation is true) it is up to her to show that it is indeed true. If the only evidence is the word of a young child it may be risky to rely on that. She needs proper legal advice if the service provider does take action.

The McLibel case wasn't really typical, a very great deal of the length of time that case took to come to court and try was down to the fact that the two defendants who stayed in until the end represented themselves. And not being professionally trained, they did tend to snarl things up a bit. A couple of the lawyers involved were friends-of-friends at the time, I got to hear a modest amount of the non-confidential bits.

If she did not name the service provider, how did the friend know who it was? Even if it wasn't named in that particular posting, it might be in an earlier one ('getting X in to do Y') so it might also be risky to assume she can rely on lack of name in one post only. She'll need proper advice.

It was a childcare setting taking children in a car with incorrect car seats.

When X first raised it they apparently told her they thought they were the right seats.

It was at this point (after talking to them) that X posted on social media, without naming them. However, people who know X will know which chilcare is used.

'They thought they were the right seats' So they weren't...?

I don't think I'd be happy with a childcare provider who wrote heavy handed legal letters rather than talk to me! But that's by the by

And re naming - you do not have to name someone to libel them, you just have to say enough for someone else to know what you're talking about.

No.

If they now admit they did make a mistake, be it unintentional, is it libel ?

No they're just pissed off with the bad PR.

Something has to be able to be proved true or false for it to be libel.

So they way I understand - child said they did something bad, you said they did something bad, they were doing something bad.

They're being twats

Thanks all. That's what I thought.

The childcare provider will be able to make a case for libel if they take this to court. X has made defamatory comments to a third party and at least some people will be able to identify the provider concerned. The question is whether or not X can show that they were using the wrong seats. If she only has the word of a young child it may be risky to rely on that. If X can show that they were using the wrong seats or the provider has admitted it X is safe. As Collaborate says, if the statements are true that is a complete defence.

If there is any doubt about X's ability to prove that the wrong seats were in use she should remove the comments. That may reduce any damages the provider would receive if they do take action and may be enough to persuade them not to take action at all. They may, of course, not take action anyway.

When X spoke to them, they admitted the child was correct and that they 'thought they were the right seats', which they weren't.

In the letter threatening legal action they also wrote 'Since you brought this matter to our attention yesterday we have acted upon this' - if it wasn't the truth, there would have been nothing to act upon, surely?

Exactly OP.

Just ignore them