Slander

[rokit13]

What is the name of your state? DE

I am developing a website where readers can add comments about a business, giving them an overall quality rating. Similar to the BBB but for a very small niche market. The comments would be both positive and negative...hopefully more positive.

What i am worried about is if this is illegal in anyway and can someone sue me for slander if someone writes a negative comment/rating about their business.

I appreciate any advice.

 

[I AM ALWAYS LIABLE]

What is the name of your state? DE

I am developing a website where readers can add comments about a business, giving them an overall quality rating. Similar to the BBB but for a very small niche market. The comments would be both positive and negative...hopefully more positive.

What i am worried about is if this is illegal in anyway and can someone sue me for slander if someone writes a negative comment/rating about their business.

I appreciate any advice.

My response:

Giving people a "podium", as it were, to voice their opinions can never rise to the level of libel. Only false statements of fact, not opinion, are actionable as defamation. Courts recognize the First Amendment's protections by carefully distinguishing between statements of opinion and fact, treating the one as constitutionally protected and imposing on the other civil liability for its abuse.

But, even if someone writing to your website misrepresented a "fact", that still wouldn't expose you to liability for libel and damages. Remember, it's not "you" that is writing the libelous statement - - it would be one of your, presumably, anonymous writers and, in that instance, the company would have to go after "that" writer, not you.

However, there are a lot of nut bags out there running businesses who don't understand the concept of "libel"; e.g., they get nasty even in the face of "opinion" and get "hurt feelings". It's those business owners who like to file lawsuits, despite the fact that they can't win. Where you would lose in this equation is the "cost" of your defense.

So, if you can withstand the baseless lawsuit against you, by paying defense costs and fees, then go right ahead and do as you're planning.

IAAL

 

[rokit13]

well said

I appreciate the good advice and the quick response.

 

[hexeliebe]

And if you had done a search on this topic using the search feature of this forum you would have found the answer long ago. This exact question was answered less than a month ago.

 

[rokit13]

i wondered when the pricks would show up

Hello hexeliebe, why are you so angry on the holidays?

Alone again?

 

[hexeliebe]

not angry at all. Just stating facts. And the fact is this question, this EXACT question was answered two weeks ago.

So, next time you come here, at least do those of us who take time to answer your questions the courtesy of searching this forum to see if it has been previously answered.

Otherwise, you're on your own. And IAAL would have told you if I had posted first.

 

[JETX]

One more suggestion... include a 'disclaimer' on your site stating that any comments posted are made by the writer and that the site does not verify accuracy and has no liability for the contents of the writers post.

 

[HomeGuru]

Good idea.