Posting Problem/Law Suit

[Pauli]

I am asking once again that everyone please be aware of how you post on the threads here. If you state something as a fact please have a link to back it up.

If something is your opinion please, please, please lead off your statement with "I believe", "I think", "from what I have read" etc.. this is very important. I had to pluck down $500 to a lawyer today for something that was said on Caylee Anthony forum.

Luckily the person the posts mentioned failed to request that they be removed and my attorney was able to get them to drop the suit if they were removed. Because of them not notifying me they would not have been able to win a suit, but it could have become expensive for me to fight it if I would have had to. I don't want to close this board, but I also don't want to have to pay out money for things said that could be avoided by using just a few little words. I know things are said on other boards that are not allowed here. I don't know if they are threatened with a law suit or not.. but I do know that the bigger boards have money behind them and can fight this sort of stuff. I am one person and everything for here comes out of my pocket.

If something is said about a person on another type of message board, please do not bring it here unless there is an article from the media saying the same thing that you can link to. A link to another message board will not do. One thing that got us in trouble was something someone said on Topix and it was re-posted here as fact... it was only a rumor/gossip. Then this person had their myspace and several other things posted here..

Please understand that if a post is made and it is deleted by the staff here it's because there is something in that post that could cause a problem or because a post was quoted that got deleted.

This kind of thing is going to start happening more and more as people learn they can file a law suit for defamation from what is written on message boards.


Thanks,
Pauli

[TigressPen]

I am so sorry you had to pay money from your pocket. You were protecting this site also- so I totally understand your paying the money - but regardless of win or no win for you if the post had been previously deleted- you could've lost your site and neither should have to happen.

I pray nothing I say will ever create a problem for you. Or me.

[texanne]

Ditto

[nanabillie]

Pauli, I feel so terrible for you having to spend your money for something one of us did. I, for one, will be more careful and don't ever hesitate to delete anything I say.
I would not have a life without you and my friends here. You just don't know how much I appreciate everything you do for us. And I would gladly contribute to your
"ignorance" fund if you start one. No, it couldn't be called ignorance because you have warned everyone many times. I will help pass along the word.

[nanabillie]

May we list Help Find The Missing at Good Search?
http://www.goodsearch.com/

[LiveLaughLuv]

Very sorry for your troubles, Pauli..I don't want you to spend unnecessararily and certainly don't want this place shut down,,

I try very hard to watch my wording and I will be super vigiliant in that department..:0t13:

If something is said about a person on another type of message board, please do not bring it here unless there is an article from the media saying the same thing that you can link to. A link to another message board will not do. One thing that got us in trouble was something someone said on Topix and it was re-posted here as fact... it was only a rumor/gossip. Then this person had their myspace and several other things posted here..

Gotcha..thanks

[Amusedtdth]

Wow!....I didn't realize that ..that could actually happen. I know you've warned us all before, plenty..but to actually have to spend $$ to an attorney, really hits home. Maybe a fund should be started.
Thanks Pauli, for all you do. We love you!

[Grins]

Please read again the rules to avoid lawsuits and claims of defamation for posts.
"Libel Law
It is easy to be sued these days and many are going after groups to enlarge verdicts as we saw recently.
So a few reminders here.

Saying a post is your "opinion" is not a defense in all cases. Please understand that. It depends upon exactly what is said, in what context and the circumstances of each case...."
~
"Cases:

It is important to be aware of libel awards against posters.
$11,300,000 in this case for calling plaintiff a 'con artist,' a 'crook' and a 'fraud.'
=Imagine the award for mistakenly calling someone a perjurer or 'murderer.'
~
Other defamation cases at:

http://www.medialaw.org/bloggerlawsuits
~

http://helpfindthemissing.org/forum/showthread.php?t=11492
Also
"May I suggest, to avoid all problems with our Admins and libel, that we couch our remarks like this:

=I have a hard time believing________
=I never believe anything she says
=that is ridiculous
=sounds fishy to me
=_____does not sound truthful to me
=so much of what they say is contradictory
=that was not what I recall them saying before
etc....
and similar free protected speech opinions=
~~~
These are not libelous b/c they are not stating that _____lied under oath and committed perjury today.
You see the difference?
Once you see that, it comes natural to use the 'safe words' and avoid problems; you may express anger and all you feel but avoid any legal claims as well as expensive and time consuming lawsuits. More and posters are being sued as a group.

Even if you win a defamation suit the legal costs are not refunded."
and more from Pauli
at
http://helpfindthemissing.org/forum/newreply.php?do=newreply&p=608950
~
Many discussions of the law here,
http://helpfindthemissing.org/forum/showthread.php?t=7128

[texanne]

I feel very bad that any of us would cost Pauli money or any problem whatsoever with what we say. She has been wonderful to provide this forum, and I appreciate her and this forum very much. I promise to watch my Ps & Qs.

[Oceanblueeyes]

I am so sad to learn that this has caused a problem for Pauli and to know it has cost her money makes me even sadder.

Times are rapidly changing and we must all realize, now more than ever, what each of us writes can effect the owner of the site and involve ourselves too. Pauli has the best site I post on and she of all people, does not deserve this.

I will be even more careful than I have always tried to be and make sure that I state my opinion as something "I believe" or "I think" unless I provide a legitimate link.

[Grins]

A simple rule to remember is:
Do not say that someone has committed a crime or done anything which will harm his or her reputation in the community. [No matter whether or not you think someone already has a bad reputation.]

"My Opinion"=is not always a defense.

"...merely labeling a statement as your "opinion" does not make it so.
Courts look at whether a reasonable reader or listener could understand the statement as asserting a statement of verifiable fact. (A verifiable fact is one capable of being proven true or false.) This is determined in light of the context of the statement.

A few courts have said that statements made in the context of an Internet bulletin board or chat room are highly likely to be opinions or hyperbole, but they do look at the remark in context to see if it's likely to be seen as a true, even if controversial, opinion ("I really hate George Lucas' new movie") rather than an assertion of fact dressed up as an opinion ("It's my opinion that Trinity is the hacker who broke into the IRS database").

http://www.eff.org/issues/bloggers/legal/liability/defamation

[Grins]

"Legal Liability Overview

The Legal Liability Issues FAQ briefly addresses some common legal issues that affect you as a publisher, especially situations where you may face legal claims or threats based on information you published on your blog..."

http://www.eff.org/issues/bloggers/legal/liability/overview

[nanabillie]

Thanks Grins for the link. It was very enlightening.

[Cat]

I feel very bad that any of us would cost Pauli money or any problem whatsoever with what we say. She has been wonderful to provide this forum, and I appreciate her and this forum very much. I promise to watch my Ps & Qs.

I was shocked, but yes I know Pauli has told us in the past to watch our words. I have always been careful to be respectful and will continue to do so. I hope other posters will take this to heart.

Thank you, Pauli. I appreciate you so much.

I've been gone for a long time, so "Hi" to all here.

:love0085:

[Jute]

I was shocked, but yes I know Pauli has told us in the past to watch our words. I have always been careful to be respectful and will continue to do so. I hope other posters will take this to heart.

Thank you, Pauli. I appreciate you so much.

I've been gone for a long time, so "Hi" to all here.

:love0085:

Kitty-Cat!!!!!!!! :11_2_104: So happy to see you again. Yes, you are always respectful - wherever you are. :tender:

[Grins]

Latest case:
Ruling could let model find, sue online heckler
By Jason Kessler
CNN
NEW YORK (CNN) -- A model who was slammed with derogatory terms by an anonymous blogger has the right to learn the identity of her online heckler, a judge ruled.

In August 2008, a user of Blogger.com, Google's blogging service, created "Skanks in NYC," a site that assailed Liskula Cohen, 37, a Canadian-born onetime cover girl who has appeared in Vogue and other fashion magazines. The blog featured photos of Cohen captioned with terms including "psychotic," "ho," and "skank."
On Monday, New York Supreme Court Judge Joan Madden ruled that Google must hand over to Cohen any identifying information it possesses about the blog's creator...
..."The protection of the right to communicate anonymously must be balanced against the need to assure that those persons who choose to abuse the opportunities presented by this medium can be made to answer for such transgressions," the judge said, quoting the Virginia decision..."
http://www.cnn.com/2009/CRIME/08/18/new.york.model.blog.lawsuit/index.html

[Trailblazer]

Check out the latest on the Anna Nicole Forum...Another blogger who is being sued by Anna's mother, was put in jail today...This is the second one...and neither of them have conspired or defamed Virgie Arthur, yet the Judge is favoring the plaintiff in this case..

So my advise is to watch what you post because it could happen to you...

[Pauli]

I have talked until I am blue in the face and some can't/won't understand what is now happening with all of this. More and more are going to file suit on things said that are not true facts and posters saying them because they are upset with someone. You can no longer just use IMO (in my opinion) as a defense, it won't fly.

Posters have got to understand that just because you feel someone has murdered another you can not call that person a murder.. not until they are convicted by a court of law. They can be called an alleged murder, after charges are filed. You can not say they killed someone until that has been proved.

You can not call someone a sociopath unless you have documented information stating that they are.

You can not threaten bodily harm on someone that has committed an act upon someone else and it upsets you. If you read an article that really angers/upsets you, take a few minutes and go in the arcade. Cool off a few minutes before you post something that could get us all in trouble.

You can not call someone an abuser unless they have been convicted of it in a court of law. They can be called an alleged abuser.... after charges are filed.

The media reports a lot of things, that does not mean it is all true/factual information. Much of it is sensationalized...

I just want it known that I am not going to jail and I am not going to pay out any more money for lawyers if I can avoid it... I will start taking access away from those who can not stay within the posting guidelines. I don't want it to come down to that, but I need to protect this site and myself.

[Trailblazer]

Pauli and I don't blame you one bit...Posters need to understand this, and if they can't or won't, they don't belong on HFTM...

This is the best Message board out there...and let's all keep it that way.

[Pauli]

Thank you Trail, I appreciate that.

I know there are boards out there that will still let you say pretty much what you want.. but they are large boards that have money behind them to pay for lawyers. I'm just me and I am pretty much retired now. I can't/won't lose what I have that is for me to live on the rest of my life. If some can't understand that, I'm sorry. That's just the way it is.

[PatC]

I generally try to avoid posting on threads where I get very emotional, the most recent one is the Robert Manwill case, and I try to be careful when I do. Just to be clear, when I made


THIS POST (http://helpfindthemissing.org/forum/showpost.php?p=652801&postcount=698)

I felt I was following the guidelines. It's still there, so may I assume it was worded correctly (or did a moderator just overlook it)?

I really don't want to get this board in trouble. :hifive:

[Pauli]

Pat your post was great.. it was worded in such a way that it would not cause any problems for us and you were still able to convey the message you wanted to.

[TigressPen]

Any moderator or admin doesn't have to worry about me becoming upset with a post I make being deleted- If I say something the wrong way, it isn't intentional and I would never want Pauli, this site, or myself sued over misleading wording of a comment.

On my blog if someone commented and called another person a murderer or any other name before they were found guilty of murder or whatever they're accused- I'd edit that too. I have a right to protect my site and Pauli has a right to protect hers.