I don't think Slander / Defamation is even a thing when done against an anonymous online forum account. Why do you care? Those threads will be dead and buried in a few weeks
*facepalm*. Especially when this forum is NOT anonymous.
Topic: How is Defamation / Slander handled on Bitcointalk? (Read 1303 times)
*facepalm*. Especially when this forum is NOT anonymous.
I don't think Slander / Defamation is even a thing when done against an anonymous online forum account. Why do you care? Those threads will be dead and buried in a few weeks
Actually those threads were from about a year ago, and I only recently discovered them when I google'd my username.
I'm pretty sure I'm not in the same country as the people responsible for the slander (or libel), so that's probably a no-go.
I don't think Slander / Defamation is even a thing when done against an anonymous online forum account. Why do you care? Those threads will be dead and buried in a few weeks
There are tricks of getting someones info, if they are slandering you and ruining business with false accusations. If you need help with PM me, I can tell u the tricks. Also yes Badbear is right get a lawyer, and Theymos will give out his IP but you better hope hes in ur same country, also if hes using tor, then there is no way to get him. I use tor and vpn, so I can tell you that is not easy to get there info with an fake IP.
I was wondering what the policies regarding slander / defamation are forum-wide.
The forum will do whatever is required by law. What action that is and what laws apply are up to the lawyers or the courts to figure out.
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Are there any paths to follow to request rectification and/or removal?
Yes, ask a lawyer, he/she can direct you. Your lawyer should contact theymos.
I do not believe there is a posted policy regarding taking down slander, however I would think the forum would allow it as long as it is not obvious trolling. The forum has a policy against moderating scams, so if they were to moderate scam accusations then they would essentially be endorsing whatever it is that you are doing and in effect saying that you are not scamming when it is not 100% sure that you are not going to scam in the future.
This is as close as it gets: https://bitcointalksearch.org/topic/moderation-of-possible-fud-and-insults-787267
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Q: Do you moderate/delete (possible) FUD, accusations and untrue information?
A: No. We don't have enough time to check every single piece of information and verify the validity of the sources. Also, just like scams - too much room for bias and abuse.
A: No. We don't have enough time to check every single piece of information and verify the validity of the sources. Also, just like scams - too much room for bias and abuse.
You do have one numerated rule that says that scams are not moderated, so I though that this could be added to this point.
I do not think there is precedent of slander of an online identity that is not your "real" identity. I do not think that slander exemptions to freedom of speech would extend to an online identity. Even if you are not conducting business the court would likely find that an online identity is similar to a business name which is not subject to slander protections.
Interesting point. I guess there is some truth to this as it's easy to 'change' this identity on other fora by simply deleting your account and moving to a different username.
It appears that in order to recover damages for libel you need to be able to prove what was said was referring directly to you (as the plaintiff of a case). Lets says for example that your real name is John Smith (there is no reason to use actual real names in this conversation). If your name is John Smith then you would likely not have standing to sue as Boxman90, but would need to sue as John Smith. Unless you can find something that a reasonable person could use to tie Boxman90 and John Smith as being one and the same, then you would likely not be able to recover damages.
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In regards to someone being called a criminal, this would almost never be considered slander because everyone has likely broken the law in some way (for example because of speeding - even if you are not found guilty in court of a crime does not mean you did not break the law - if you have broken the law then you are a criminal).
I think it is considered slander though, as you're only a criminal once convicted for a crime. By your definition, everyone is a criminal - but speeding and the likes, while it is a breach of the law, is not a crime - it's a misdemeanor and something you won't get a criminal record for. Therefore mentioning one's identity and stating for a fact he/she is a criminal without him/her ever being convicted of anything, is slander.
I do not think there is precedent of slander of an online identity that is not your "real" identity. I do not think that slander exemptions to freedom of speech would extend to an online identity. Even if you are not conducting business the court would likely find that an online identity is similar to a business name which is not subject to slander protections.
Interesting point. I guess there is some truth to this as it's easy to 'change' this identity on other fora by simply deleting your account and moving to a different username.
It appears that in order to recover damages for libel you need to be able to prove what was said was referring directly to you (as the plaintiff of a case). Lets says for example that your real name is John Smith (there is no reason to use actual real names in this conversation). If your name is John Smith then you would likely not have standing to sue as Boxman90, but would need to sue as John Smith. Unless you can find something that a reasonable person could use to tie Boxman90 and John Smith as being one and the same, then you would likely not be able to recover damages.
EDIT: fixed broken quote
I do not think there is precedent of slander of an online identity that is not your "real" identity. I do not think that slander exemptions to freedom of speech would extend to an online identity. Even if you are not conducting business the court would likely find that an online identity is similar to a business name which is not subject to slander protections.
Interesting point. I guess there is some truth to this as it's easy to 'change' this identity on other fora by simply deleting your account and moving to a different username.
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In regards to someone being called a criminal, this would almost never be considered slander because everyone has likely broken the law in some way (for example because of speeding - even if you are not found guilty in court of a crime does not mean you did not break the law - if you have broken the law then you are a criminal).
I think it is considered slander though, as you're only a criminal once convicted for a crime. By your definition, everyone is a criminal - but speeding and the likes, while it is a breach of the law, is not a crime - it's a misdemeanor and something you won't get a criminal record for. Therefore mentioning one's identity and stating for a fact he/she is a criminal without him/her ever being convicted of anything, is slander.
I do not believe there is a posted policy regarding taking down slander, however I would think the forum would allow it as long as it is not obvious trolling. The forum has a policy against moderating scams, so if they were to moderate scam accusations then they would essentially be endorsing whatever it is that you are doing and in effect saying that you are not scamming when it is not 100% sure that you are not going to scam in the future.
This is as close as it gets: https://bitcointalksearch.org/topic/moderation-of-possible-fud-and-insults-787267
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Q: Do you moderate/delete (possible) FUD, accusations and untrue information?
A: No. We don't have enough time to check every single piece of information and verify the validity of the sources. Also, just like scams - too much room for bias and abuse.
A: No. We don't have enough time to check every single piece of information and verify the validity of the sources. Also, just like scams - too much room for bias and abuse.
As long as someone has an opinion, true or untrue, it's allowed. They can't just say, "Boxman90 is a cocksucking bitch" if that's the entire post. However, if they say, "Boxman90 is an immature donkey and should be put in a zoo. He is incompetent in his running of Mt. Cox and is not fit to run even a mommy blog, let alone an exchange processing millions of dollars. Heck, even password resets are sent via plaintext, like a test website for a retarded monkey taking middle school Python."
There's really not much you can do except provide one long reply with a good, complete argument for why you have done nothing wrong. Spend some time, make that post, and leave the discussion. If anyone asks you about it, just point them to that post.
The one exception would be if you do file a lawsuit against this member and the court requests that it be taken down. While I don't think that has happened before here, I assume the mods would just take down a defamatory post to avoid the legal issues of not complying.
This is misleading. Anyone is able to give (post) their opinion however they need to give an opinion and not present something as fact that is not fact. There's really not much you can do except provide one long reply with a good, complete argument for why you have done nothing wrong. Spend some time, make that post, and leave the discussion. If anyone asks you about it, just point them to that post.
The one exception would be if you do file a lawsuit against this member and the court requests that it be taken down. While I don't think that has happened before here, I assume the mods would just take down a defamatory post to avoid the legal issues of not complying.
An example of an opinion is "I think...." or "I would speculate that..." or something similar.
In order to be slander, something needs to be presented as fact, be untrue, believed to be potentially true by a reasonable person, and reasonably hurt your reputation.
I do not think there is precedent of slander of an online identity that is not your "real" identity. I do not think that slander exemptions to freedom of speech would extend to an online identity. Even if you are not conducting business the court would likely find that an online identity is similar to a business name which is not subject to slander protections.
I also do not know of a case in that courts have ordered false information to be taken down from a public forum, even after the person who posted something false has been found liable for slander. The supreme court has found that websites that host content provided by others is not responsible for what it's users post.
In regards to someone being called a criminal, this would almost never be considered slander because everyone has likely broken the law in some way (for example because of speeding - even if you are not found guilty in court of a crime does not mean you did not break the law - if you have broken the law then you are a criminal).
I'm just going to respond concisely, since I'm on mobile: In a legal sense, what you're saying is true. But the OP is asking about the forum and moderation, not what's going to happen if he decides to take someone to court.
I do not believe there is a posted policy regarding taking down slander, however I would think the forum would allow it as long as it is not obvious trolling. The forum has a policy against moderating scams, so if they were to moderate scam accusations then they would essentially be endorsing whatever it is that you are doing and in effect saying that you are not scamming when it is not 100% sure that you are not going to scam in the future.
This is as close as it gets: https://bitcointalksearch.org/topic/moderation-of-possible-fud-and-insults-787267
I do not believe there is a posted policy regarding taking down slander, however I would think the forum would allow it as long as it is not obvious trolling. The forum has a policy against moderating scams, so if they were to moderate scam accusations then they would essentially be endorsing whatever it is that you are doing and in effect saying that you are not scamming when it is not 100% sure that you are not going to scam in the future.
This is as close as it gets: https://bitcointalksearch.org/topic/moderation-of-possible-fud-and-insults-787267
As long as someone has an opinion, true or untrue, it's allowed. They can't just say, "Boxman90 is a cocksucking bitch" if that's the entire post. However, if they say, "Boxman90 is an immature donkey and should be put in a zoo. He is incompetent in his running of Mt. Cox and is not fit to run even a mommy blog, let alone an exchange processing millions of dollars. Heck, even password resets are sent via plaintext, like a test website for a retarded monkey taking middle school Python."
There's really not much you can do except provide one long reply with a good, complete argument for why you have done nothing wrong. Spend some time, make that post, and leave the discussion. If anyone asks you about it, just point them to that post.
The one exception would be if you do file a lawsuit against this member and the court requests that it be taken down. While I don't think that has happened before here, I assume the mods would just take down a defamatory post to avoid the legal issues of not complying.
This is misleading. Anyone is able to give (post) their opinion however they need to give an opinion and not present something as fact that is not fact. There's really not much you can do except provide one long reply with a good, complete argument for why you have done nothing wrong. Spend some time, make that post, and leave the discussion. If anyone asks you about it, just point them to that post.
The one exception would be if you do file a lawsuit against this member and the court requests that it be taken down. While I don't think that has happened before here, I assume the mods would just take down a defamatory post to avoid the legal issues of not complying.
An example of an opinion is "I think...." or "I would speculate that..." or something similar.
In order to be slander, something needs to be presented as fact, be untrue, believed to be potentially true by a reasonable person, and reasonably hurt your reputation.
I do not think there is precedent of slander of an online identity that is not your "real" identity. I do not think that slander exemptions to freedom of speech would extend to an online identity. Even if you are not conducting business the court would likely find that an online identity is similar to a business name which is not subject to slander protections.
I also do not know of a case in that courts have ordered false information to be taken down from a public forum, even after the person who posted something false has been found liable for slander. The supreme court has found that websites that host content provided by others is not responsible for what it's users post.
In regards to someone being called a criminal, this would almost never be considered slander because everyone has likely broken the law in some way (for example because of speeding - even if you are not found guilty in court of a crime does not mean you did not break the law - if you have broken the law then you are a criminal).
Being called a scammer is also very tricky (especially because most of the scam accusations generally use some kind of opinion, or include the term 'likely') as there is not as clear of a definition of the term scammer and what one person would consider to be a scam could potentially be considered to be legit by someone else.
I do not believe there is a posted policy regarding taking down slander, however I would think the forum would allow it as long as it is not obvious trolling. The forum has a policy against moderating scams, so if they were to moderate scam accusations then they would essentially be endorsing whatever it is that you are doing and in effect saying that you are not scamming when it is not 100% sure that you are not going to scam in the future.
As long as someone has an opinion, true or untrue, it's allowed. They can't just say, "Boxman90 is a cocksucking bitch" if that's the entire post. However, if they say, "Boxman90 is an immature donkey and should be put in a zoo. He is incompetent in his running of Mt. Cox and is not fit to run even a mommy blog, let alone an exchange processing millions of dollars. Heck, even password resets are sent via plaintext, like a test website for a retarded monkey taking middle school Python." they're not breaking any rules.
There's really not much you can do except provide one long reply with a good, complete argument for why you have done nothing wrong. Spend some time, make that post, and leave the discussion. If anyone asks you about it, just point them to that post.
The one exception would be if you do file a lawsuit against this member and the court requests that it be taken down. While I don't think that has happened before here, I assume the mods would just take down a defamatory post to avoid the legal issues of not complying.
There's really not much you can do except provide one long reply with a good, complete argument for why you have done nothing wrong. Spend some time, make that post, and leave the discussion. If anyone asks you about it, just point them to that post.
The one exception would be if you do file a lawsuit against this member and the court requests that it be taken down. While I don't think that has happened before here, I assume the mods would just take down a defamatory post to avoid the legal issues of not complying.
I was wondering what the policies regarding slander / defamation are forum-wide. Are there any paths to follow to request rectification and/or removal?
I am asking because there are two slanderous topics regarding my nickname on here, one calling me an outright criminal and the other calling me a scammer. I can handle unfounded abuse by other people and they have their right to free speech, but things get more serious when one-liners like "Boxman90 = CRIMINAL" start showing up on Google.
I am asking because there are two slanderous topics regarding my nickname on here, one calling me an outright criminal and the other calling me a scammer. I can handle unfounded abuse by other people and they have their right to free speech, but things get more serious when one-liners like "Boxman90 = CRIMINAL" start showing up on Google.
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