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Takedown

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So, I’ve just received my first ever takedown notice. My view is that my comment was sympathetic or understanding, if anything, and simply linked to others’ extensive writings on the web about the company in question.

These others presumably haven’t received a takedown notice because they have enough money to go toe-to-toe with a solicitor (one of the others is a large newspaper group). I don’t have that sort of legal recourse and UK libel laws are notoriously protective, even of criminals (see Robert Maxwell and Jeffrey Archer).

However, according to my best advice:

If something has been in the public domain for some time and no action has been taken then that means it becomes much harder for anyone to claim defamation

and

There is also a defence of ‘fair comment’ which is somewhat vague but is basically there to stop someone being sued for saying they don’t like Marks & Spencer or McDonalds or Piers Morgan.

You are allowed to say that – even if you were a famous star or a very persuasive writer and it could damage them financially. That’s the law.

But it isn’t worth risking it, is it. Weird way of doing business, though.

Written by David

February 20th, 2007 at 9:29 am

Posted in Uncategorized

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