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Original poster

Could individuals be sued? What is defamatory comment and what is just robust discussion?

2 replies

BarefootDancer · 26/02/2007 10:07

Thinking about recent threats to sue this site, does anyone know what is, in fact, the legal situation if we are free and strong-minded in our discussions and criticise named people (recent harsh criticism of a couple of authors spring to mind). From the Mumsnet sign-up agreement it seems that outspoken individuals on the talkboards could be sued. Is that right? If so, then we need to cautious before launching into the kind of free discussion that would happen in a pub.
I am for freedom of speech, but it seems there is a legal difference between a chat in the pub or playground and posting to a webforum.
This is from the Mumsnet registration agreement on this site:
"The posting of defamatory or otherwise illegal comment or material, contravenes our Talk Board policy is not allowed. ... Members should also be aware that such activities may subject them to civil actions or criminal penalties."

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MNHQ

JustineMumsnet · 26/02/2007 11:00

It's a moot point tbh BarefootDancer. In the US it's certainly the individual, not the website who is at risk - here the law is more cloudy but technically we believe that individuals could be sued for defamation by aggrieved third parties as well as ourselves of course, so it is worth bearing that in mind. There is the small matter of how someone would be able to tell your identity - quite hard to bring an action against BarefootDancer of Mumsnet - moreover most folk would not rush into a libel action against a member of the public but then again, as we've found, there's no accounting for some.
Either way, our policy is to remove posts that are defamatory as soon as they are brought to our attention.

MNHQ

JustineMumsnet · 26/02/2007 11:25

Hi bfd,
There's a good summary of defamation here

A defamatory statement is one that damages a person's reputation in the eyes of right-thinking people. Of course there is always the defence of truth, so you can be defamatory but not get into trouble if what you say is true.

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