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oh FFS. Potentially being sued for libel (sorry, long & boring)

34 replies

geekgirl · 14/07/2008 13:54

I posted a while ago in the MN gardening section about the tainted garden manure issue... dh posted on a gardening site about it, using his real name. Here's his post:

"We have the aminopyralid problem and definitely from XXXXXXXXX Farmyard Manure. We have two raised beds and had enough local manure to do one, and bought the XXXXXXXX for the other. Even though the local manure bed is doing really well, the XXXXXXXX bed had about half the plants die in the first week or two, and the survivors are small with cupped curled leaves. Even weeds aren't growing well in the XXXXXXXX's bed. I've done nothing different between the two beds beside the local/XXXXXXXX manure and there are different crops, but the health difference is staggering. I've not read any other reports of bagged manure being a problem so I hope this highlights the problem. We've contacted XXXXXXXX who were unaware of the problem but asked to have the manure bag sent to them (which we still have). This is a big problem not only for those of us with affected crops but surely there's a health risk from the animals that have produced the manure?"

Well, I've just had someone here from company XXXXXXXX asking for permission to get a soil sample, which I happily let him do - thinking that they are trying to get to the bottom of the contamination issue. As he was getting the sample he mentioned that they're doing this because dh had posted comments online that they think are libellous

He went off with the soil sample. Dh says I shouldn't have let him take it seeing he just threatened us. I thought it would better to show goodwill (am always showing good-bloody-will and yes it doesn't always work out)
Dh has emailed the site he posted on and asked for his posting to be removed, but I'm bloody stressed out now about the whole thing. What will happen???? I feel really sick about it all.

OP posts:
pickie · 14/07/2008 14:40

It probably is a scare tactic. bet they will contact you shortly and insist you take the post off OR they will sue you. Very cost efefctive for them and you will be very relieved with theoutcome as well.

geekgirl · 14/07/2008 14:45

I am really surprised that they didn't write before sending this bloke out today. I guess it's so that I wouldn't make a fuss or something.

They're such arses. Apart from this bit "definitely from XXXXXXXXX Farmyard Manure" everything else is just fair comment. Yes dh was a bit stupid to stick his neck out so much, but he's no journo or legal eagle.

OP posts:
Bink · 14/07/2008 14:48

Creaky memory of defamation law - but can you actually defame a corporate? I thought it was individuals only.

SNoraWotzThat · 14/07/2008 22:20

At the end of the day, you were stating facts about your beds and your garden, You also said you had contacted xxxx and given them the chance to put things right. I wouldn't panic.

If you have the post removed that will be OK. They only said that they think are libellous. Not that they are. They are trying to scare you,

What a pain.

onceinalifetime that sounds interesting about the domain name. Scary at the time I expect.

SNoraWotzThat · 14/07/2008 22:26

just found this link, haven't had chance to read it all though
Two of the most important defences to a libel claim are justification and fair comment

Its past my bedtime to make any sense of it.

SNoraWotzThat · 14/07/2008 22:27

See 5) Truth and Fair Comment
The defence of "fair comment" may be available to a defendant who can show that the defamatory statement amounted to an opinion which was honestly held and based up facts which were true.

SNoraWotzThat · 15/07/2008 14:52

any news?

handlemecarefully · 15/07/2008 14:58

I am quite convinced that the company has no intention at all of pursuing you for libel, and that rather, the company representative was just making a nasty remark calculated to stress you out....(out of sheer devilment) - in my opinion (thought I had better add that!)

geekgirl · 16/07/2008 09:43

no news yet. have decided to not stress about it

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