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New Member
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Jul 2, 2012, 04:56 PM
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How to avoid being accused of libel and defamation over the internet.
Can I be charged with libel and defamation if I wrote over the internet:
' I live in Trinidad. I currently work in the advertising industry. It's a medium sized graphics firm in city A in the lower B district which currently has 20 - 30 employees. There are 2 managers and 5 supervisors employed the rest being junior staff. It is owned by two partners - one of which is the founding partner and hence is the senior to the other. The firm is located not too far from a restaurant, pharmacy and a bakery... '
Could a description like that land me in hot water?
My primary intent is for people to be forewarned to protect themselves when seeking employment when prospective employers are not being fully upfront and honest with them.
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Expert
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Jul 2, 2012, 05:13 PM
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Why? What did they do to you ?
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New Member
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Jul 2, 2012, 06:19 PM
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I was just using this as an example. I have had many negative expreriences with past employers and would like to warn people about them so they would know what they are getting into.
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Expert
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Jul 2, 2012, 07:03 PM
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 Originally Posted by Buhlunt
I was just using this as an example. I have had many negative expreriences with past employers and would like to warn people about them so they would know what they are getting into.
I don't understand how you are warning people about them when you don't even identify the firm you are writing about. But, assuming someone can connect the dots and figure out what firm it is, you have not
- written anything disparaging or harmful to the reputation of the firm; and
- (as far as I know) written anything false.
Accordingly, according to the normal rules of defamation, you should be fine. Of course, if the law in Trinidad is radically different than the norm, who knows, it could be a problem.
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New Member
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Jul 3, 2012, 07:55 PM
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 Originally Posted by AK lawyer
I don't understand how you are warning people about them when you don't even identify the firm you are writing about. But, assuming someone can connect the dots and figure out what firm it is, you have not
- written anything disparaging or harmful to the reputation of the firm; and
- (as far as I know) written anything false.
Accordingly, according to the normal rules of defamation, you should be fine. Of course, if the law in Trinidad is radically different than the norm, who knows, it could be a problem.
Thanks for the response. I was just taking extra precaution. The law here is very similar to the UK and Canada. Above I have not stated why I am mentioning the firm however I do intend to speak about my negative experiences there. If they of themselves connect the dots and find out they may not be pleased but I am thinking that as long as I do not name them they cannot say I caused any harm to their reputation. If I said 'Firm X had me unfairly dismissed' then I can land myself in hot water since I have not taken any legal action against them to prove that I was unfairly dismissed. However if I mention them in the manner I did above without actually naming them I think I can avoid them accusing me of defamation if they connect the dots.
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Uber Member
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Jul 4, 2012, 06:09 AM
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Unless you're a modern version of the Lone Ranger I would leave this alone. If you have had a problem with more than one employer the feeling very well may that you are the problem.
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Expert
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Jul 4, 2012, 06:35 AM
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 Originally Posted by Buhlunt
... If I said 'Firm X had me unfairly dismissed' then I can land myself in hot water since I have not taken any legal action against them to prove that I was unfairly dismissed. However if I mention them in the manner I did above without actually naming them I think I can avoid them accusing me of defamation ...
Unfairness is in the eyes of the beholder. Therefore stating what you believe (that you were unfairly dismissed) would be true, even if someone else were to conclude that the dismissal was "fair". And, since truth is a defense, they could not charge you with defamation.
But no: if you fail to identify them by name, but a reasonable person could "connect the dots" and conclude that you are describing the particular company, they could sue you (except that, as discussed above, what you would say would not be libelous).
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Uber Member
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Jul 4, 2012, 07:06 AM
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 Originally Posted by Buhlunt
I have not stated why I am mentioning the firm however I do intend to speak about my negative experiences there.
Hello B:
If you want to know if you'll be accused of libel, then why don't you tell us exactly what you're going to say?? It'll help, you know.
excon
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Uber Member
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Jul 4, 2012, 07:27 AM
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 Originally Posted by excon
Hello B:
If you wanna know if you'll be accused of libel, then why don't you tell us exactly what you're going to say??? It'll help, you know.
excon
I'm working on whether anyone would read whatever OP intends to say and then try to figure out the name of the agency based on this: "The firm is located not too far from a restaurant, pharmacy and a bakery ..."
I'm of the "stop playing games and say what you're thinking" school of thought. I don't think a lot of people will sit around thinking, "Let's see, I know where there's a restaurant but I don't recall a Pharmacy. No, maybe it's - " and so forth.
I think OP is disgruntled with too much time on his hands.
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Expert
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Jul 4, 2012, 05:08 PM
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 Originally Posted by excon
Hello B:
If you wanna know if you'll be accused of libel, then why don't you tell us exactly what you're going to say??? It'll help, you know.
excon
And if what OP says is libel, and OP tells us, verbatum, doing so may constitute libel (except that chances are slim any of us knows or cares about the company, so no damages).
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Uber Member
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Jul 4, 2012, 05:15 PM
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 Originally Posted by AK lawyer
And if what OP says is libel, and OP tells us, verbatum, doing so may constitute libel
Hello again, AK:
Right... Maybe she should whisper it.
excon
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