Defence of Reputation

[leapy]

My understanding is that the defence of reputation has a higher legal precedent in New Zealand than does freedom of speech.

As a result of this understanding, I have become concerned at some participants in this forum potentially putting themselves in legal harms' way with their recent posts.

This forum does appear to allow threads containing significant negative allegations to proceed, where some forums do not.

As I am not an expert in this matter - I would seek some clarification on policy.

Thanking you for a very interesting and informative forum.

[Dean@Massiveaction]

Agree with you leapy. Not sure of the legal ramifications but some recent threads are most "inappropriate", especially for newbies, who will wonder at the animosity expressed in some corners.

[Mark_B]

I am unable to comment on the legal implications of what has been said....

But, as a regular poster (and former moderator) on another (Australian) property investment forum, my 2.25 cents worth of advice to the administrators of this forum would be to shut down and remove from public view the Richmastery thread immediately.

Further, administrators may wish to consider reminding all forum users of the guidelines for posting.

Moderation on public forums means just that.

It does not mean leaving the children to play unattended.

Mark

[leapy]

I guess my concern is that while the site owners may understand their legal liabilities and make decisions accordingly (bravo for "editorial freedom" as such), I am feeling concerned (perhaps unnecessarily) for posting parties who may not be making an informed decision about the content of their posts and the possibility of ensuing unpleasant legal repercussions as a result of making them.

If my concern is baseless, I would be happy to hear that.

[Gerrard]

I for one would not like to see the thread removed. It sets a precedent of censorship that we don't want to encourage.

Individual posters have a responsibility to cover their own arses, and it should not be up to the moderators to decide what is fact or fiction.

Whether Richmastery is proved right or wrong in a court of law, something has happened here to cause so much angst and the public have the right to hear both sides of the story and make their own decision.

Gerrard

[drelly]

I tend to agree with Gerrard.

Posts on the forum here are no different to comments made in person. The individual still has to take responsibility for them.

Also, I believe that something can only be called libel or slander if it is untrue.

What does concern me is anonymous individuals (whether new posters or "Richmastery Customer Services") making statements or accusations without identifying themselves.

Having said that, Phil Jones' reputation for slapping legal action on anything that disagrees with him wouldn't encourage many to stand up and be counted.

Considering that some ex staff members have willingly identified themselves and are obviously deeply aggrieved about the situation, I think it was important to let them have their say.

I think the thread was locked at the right time. Perhaps when the dust settles and there's some resolution, an update will be posted.

[leapy]

I don't know that I believe it should be yanked. That is a form of suppression of dissent, and it could be argued that it is counter to the public interest.

Powerful organisations that claim to serve the public interest should be able to tolerate critics, even closely-associated critics.

There is obvious haemorrhage going on here for multiple parties.

I am concerned to see ordinary folks in distress and hot water, and wonder about the legal and/or moral obligations of the site and its participants.

[drelly]

Perhaps the people involved would like to message a moderator when there's some new information to post?

[Mark_B]

There's a lesson in this:

http://www.somersoft.com/forums/showthread.php?t=9223

Don't confuse moderation with suppression. The two are not the same thing.

Mark

[Hound]

The thread in question seems to have been unlocked.

Reading between the lines & after the dust has settled, I think some may be surprised at who or what has had the real financial haemorrhage.

[whitt]

Just out of interest where do we find the Propertytalk forum guidelines? Is it posted somewhere?

[cube]

Good point - I think there were some on the old forum, but this is where they should be now.

Marc? Donna?

[Marc]

Hello Cube,

Is this good enough for the forum policy?

Click Here

Cheers

Marc

[whitt]

Marc thank you.
It was a little hard to find. May I suggest you add it to the policies in the Propertytalk banner at top of page. This is where I was looking for it and may be good to place.

[Marc]

Thanks Whitt,

I am currently revising the forum polices with the moderators and once completed will add it to the forum help guide forum as a help guide and also add it to each forum as a sticky post (meaning it will appear within all forum pages).

I will also look at adding it to the banner as you suggest.

Cheers

Marc