Defamation ?? Not sure what to do.

[rmissin]

Hi I'll stick to the valid points, maybe a little tricky.

I'm a freelancer and member of a well known Australian based freelancing/outsourcing website.

After winning a contest, the contest holder chose to leave what I believe to be defamatory comments in his review, this is the comment.

"No doubt he will get even with me for this review The truth must prevail. xxxxxx is a very unreliable and dishonest person - Avoid.

In the Code of Conduct within the T&C of the site it states this:

Communication

I will:

avoid exaggeration, derogatory remarks, and inappropriate references
not engage in personal attacks, negative or other unfair criticism or other unprofessional conduct

Seems a clear cut breach of the T&C to me, I don't mind being criticized for my standard of work, or receiving critical feedback about my work, but this comment is vindictive unprofessional and unnecessary.

I've been in contact with the "support" section of the website who insist I settle this situation "amicably" with the contest holder, and so far have refused to take down the review.
I have no amicable relationship with this person.

I'm unsure where I stand, or what I need to do to make them remove this comment, defamatory take down notice ?, who sends this, me or a legal rep ? etc etc.

Appreciate any and all advice .

tia

 

[Zigner]

First of all, this forum is for US law only.

Here in the US, what was posted would be considered opinion. Stating an opinion is not defamation.
Here in the US, you can't force a forum to enforce their T&C or their "code of conduct."

 

[quincy]

Hi I'll stick to the valid points, maybe a little tricky.

I'm a freelancer and member of a well known Australian based freelancing/outsourcing website.

After winning a contest, the contest holder chose to leave what I believe to be defamatory comments in his review, this is the comment.




In the Code of Conduct within the T&C of the site it states this:


Seems a clear cut breach of the T&C to me, I don't mind being criticized for my standard of work, or receiving critical feedback about my work, but this comment is vindictive unprofessional and unnecessary.

I've been in contact with the "support" section of the website who insist I settle this situation "amicably" with the contest holder, and so far have refused to take down the review.
I have no amicable relationship with this person.

I'm unsure where I stand, or what I need to do to make them remove this comment, defamatory take down notice ?, who sends this, me or a legal rep ? etc etc.

Appreciate any and all advice .

tia

First, this site handles U.S. law questions only, so you need to consult with a legal professional in Australia if you need assistance.

The U.S. does not have a "defamatory take down notice."

The review may be a violation of the Terms and Conditions of the site where it was published but it is not necessarily defamatory, depending on its context and all of the facts surrounding the publication of the review. This can be determined better after a personal review by an attorney in your area.

If there is a place for you to respond to the review, you can potentially do that, to set the record straight on your honesty and reliability and to mitigate any harm that may otherwise come from the review, or you can try, as "support" from the website suggested, to settle the issue amicably offline with the writer.

Otherwise, if you cannot settle this without legal action, and the website will not remove the review on your request, and your consultation with an attorney indicates that you have a supportable defamation suit with reputational injury enough to make pursuing an action financially worthwhile, you could sue.

Again, consult with an attorney in Australia. The laws on defamation are not only different in the U.S. than they are in Australia, they also vary in significant ways from state to state in the U.S.

Good luck.