Re: Libel/slander (Was: Re: South Creek Nursery Palmyra NY14522)

As many of you no doubt are aware, there are at least two websites that
provide lists of mail order sources and post comments (good and bad) by
persons who have ordered from them.  The most famous is "Cyndi's List"
that started out several years ago on the old rec.gardens group.  It is
on the web now at http://www.mertus.org/gardening/cat17/frame-cat.html
I did not find South Creek listed on Cyndi's List.

The other is the Plants by Mail FAQ at http://pbmfaq.dvol.com/list/.
They just added South Creek to their listings last month, but do not
have any comments posted, pro or con.

I am not an attorney, but I certainly cannot see any ground for such a
lawsuit unless the contributor made false statements about the mail
order company with intent of malice.

Gerry/Bob O'Neill wrote:
>
> I would be interested in what the list owners have to say in response to this.
>
> Jeanne, with respect for your knowledge and opinion as a lawyer, to refrain
> from commenting on the merits/demerits of a particular nursery denies one
> of the major benefits of the mail list. Admittedly, the information can be
> exchanged privately, but then only one person benefits from that information.
>
> I see a difference between comments about a person vs. comments about the
> quality of a business or service. I do not approve of, nor engage in the
> former, but do think public comment on the latter is important if
> businesses are to improve. What you are saying is that if I get on the mail
> list and say that I dislike the Ford Whatever because I rented one once and
> thought it was a cheap knockoff of the Honda Accord,  am I guilty of
> libel/slander or just guilty of expressing an opinion?
>
> I know these are tricky questions, and that someone out there is just
> waiting for a test case to emerge to clarify the law, but still.....
>
> Gerry
>
> At 02:40 PM 1/9/00 EST, you wrote:
> >Hi folks,
> >
> >With respect to discussing satisfaction with a nursery on the List, as
> >opposed to responding off-list to the query:
> >
> >As a lawyer, I feel I must suggest that, while it is fine to ask whether
> >others have had a satisfactory experience with a certain nursery, to avoid
> >creating problems for the person posting the response and also for the
> >ListServ, *all* responses to such a query should be made off-list, and
> >privately, to the person asking the question.
> >
> >To say something negative about a person with respect to how that person
> >makes his/her livelihood is to invite a suit for slander or libel. Of course,
> >there are defenses, such as "Truth is a defense to libel", but who needs the
> >grief?
> >
> >I would urge all participating in this discussion to keep the above in mind.
> >
> >Jeanne Hannah
> >Traverse City, MI
> >USDA 5b
> >
> >

--
Dave Skinner, Le Jardin Ombragé, Tallahassee, Florida
  E-Mail:  skinnerd@nettally.com
  MAIN WEBSITE - http://www.nettally.com/skinnerd/ombrage.html
  GINGER WEBSITE - http://www.nettally.com/skinnerd/gingers.htm
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