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* Posts by mckeowbc

2 publicly visible posts • joined 5 Jan 2013

US court ungags Yelp reviewer who dissed builder

mckeowbc
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Re: @Pet Peeve

The US does have an "accuser pays" system, when it comes to the courts, but not to speech. In your "accuser pays" system of free speech, if I want to say something true, but possibly hurtful about a business or person, then who would I pay before I make the statement?

I think the US system is the better of the two here. If someone has wronged me and I want to actually extract money out of them, then I have to take them to court and pay up front. If I have a good case, then I'll be paid back, if not then it's on me. But speech is too important to be regulated in the same way. I shouldn't have to call a lawyer every time I open my mouth. But if I say something hurtful and false about someone, then I should be ready to face the consequences when their lawyers come knocking.

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mckeowbc
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Libel doesn't cover statements of opinion. So going on Yelp and posting "Builder ABC is shite" wouldn't be covered under libel. However, saying something like, "Builder ABC went 50% over costs and 3 months after the estimated completion date still hasn't finished the work.", would be since those are statements of fact that can at least be attempted to be proved true or false.

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