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Your responsibilities under the Defamation Act

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GrimRob
December 26, 2020, 12:35pm

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This is reminders to all Posters that they are legally responsible for their own messages. If a complaint is received about a specific message with regard to it being libellous, and that is upheld by the Fishy, then you as the poster may need to take action.

The following is taken from this document and represents my interpretation of it in relation to the Fishy:

https://assets.publishing.serv.....amation-guidance.pdf

The complainant needs to provide an explanation of the reasons why the complainant thinks the statement is defamatory of the complainant. The courts have used a range of tests in deciding what is defamatory (for example, whether the material “tends to lower the claimant in the estimation of right-thinking members of society generally”), but broadly speaking the complainant should focus on explaining the harm that the statement has caused or is likely to cause to his or her reputation. Section 1 of the Defamation Act 2013 requires that for a statement to be defamatory the level of harm caused or likely to be caused to the reputation of the claimant must be serious, and in the case of a body that trades for profit, the harm caused or likely to be caused to that body must amount to serious financial loss.

It is the complainant’s responsibility to ensure that the Notice of Complaint contains the information set out above, and an operator (i.e. the Fishy) may reject it if it does not do so.

On receipt of a valid Notice of Complaint, the Fishy will contact the poster who posted the statement complained of by PM/email within 48 hours (excluding non-business days).

If the poster fails to respond within the specified time period, the Fishy will remove the statement from the locations on the website specified in the Notice of Complaint within 48 hours of the end of that period and will inform the poster. The poster is also free to remove it themselves during the 48-hour window.

If the poster replies within the specified time period, but does not provide all the information requested – ie a) whether the poster wishes the statement complained of to be removed b) If the poster does not wish the statement to be removed, the poster’s full name and details of the postal address at which the poster resides or carries on business c) whether the poster consents to the operator sending those details to the complainant then to keep the defence, the post will be removed. In this situation, it is then for the complainant to engage with the poster direct.

If the poster does not wish the statement to be removed and provides the required contact details but does not agree to these being sent to the complainant, then to keep the defence the operator must contact the complainant in writing within 48 hours of receiving the poster’s response. This communication must inform the complainant: a) that the poster does not wish the statement to be removed b) that the statement has not been removed from the locations on the website specified in the Notice of Complaint, and c)  that the poster has not consented to the release of the poster’s contact details. In this situation, if the complainant wishes to take further action it may be open to the complainant to seek a court order requiring the operator to release the poster’s contact details to the complainant.

Where a statement has been removed following a Notice of Complaint, and the poster reposts the same or substantially the same material, the above process will be repeated on the first such occasion. If the poster continues to make similar statements following a Notice of Complaint then their account may be deleted or disabled so they are unable to post any more.



'Tis better to have loved and lost than never to have loved at all.  
~ Alfred Lord Tennyson

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headingly_mariner
December 26, 2020, 12:42pm

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😂😂😂😂 Getyourfactsright or the Fishy will be shut down again.  

A crack legal team of male masturbators and sycophants are monitoring your posts.
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forza ivano
December 26, 2020, 12:44pm

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John's obviously been on the blower to Rob again!
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GrimRob
December 26, 2020, 12:48pm

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Quoted from forza ivano
John's obviously been on the blower to Rob again!


Absolutely but we all have our responsibilities and I think there is widespread ignorance of how the defamation laws work.


'Tis better to have loved and lost than never to have loved at all.  
~ Alfred Lord Tennyson

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aldi_01
December 26, 2020, 12:49pm

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Quoted from GrimRob


Absolutely but we all have our responsibilities and I think there is widespread ignorance of how the defamation laws work.


Ironic really isn’t it...what’s the phrase? People in glass houses?


'the poor and the needy are selfish and greedy'...well done Mozza
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MidnightMariner
December 26, 2020, 12:57pm
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J S F is a girl private!
Is this defamation of character  🤔  
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Theimperialcoroner
December 26, 2020, 1:05pm

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I think it would be ok to say “I think JSF is a girl private” but probably not ok to say “I think JSF is a girl private because I’ve seen him drowning kittens in the Freshney” when you have not really seen him with a wriggling bag of kitties near the Barge.
I hope this clears things up.


Batch, Crombie, Moore K, Wiggington, Cumming, Waters, Bonnyman, Ford, Emson, Drinkell, Whymark. Love you all, You are the reason I'm on here. You've had help from Todd, Handyside, Futcher P, Groves, Mendonca, Macca etc etc etc. Up The Mariners!!!!!!!!!
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lew chaterleys lover
December 26, 2020, 1:05pm
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He has gone full-on Alan Partridge.

Is self-awareness still a thing?

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aldi_01
December 26, 2020, 1:07pm

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Quoted from Theimperialcoroner
I think it would be ok to say “I think JSF is a girl private” but probably not ok to say “I think JSF is a girl private because I’ve seen him drowning kittens in the Freshney” when you have not really seen him with a wriggling bag of kitties near the Barge.
I hope this clears things up.


Is that like if a tree falls in the first but nobody hears it, does it make a sound?


'the poor and the needy are selfish and greedy'...well done Mozza
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TAGG
December 26, 2020, 1:08pm

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Quoted from GrimRob


Absolutely but we all have our responsibilities and I think there is widespread ignorance of how the defamation laws work.


At least it shows he's reading how much he is now hated.


In his three stints as Grimsby Town manager spanning over 10 years the club was never relegated and he also guided them to three promotions.
Only 14 managers have reached 1,000 matches in charge of a Football League team by 1998 and Buckley is one of them.
GOD
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