Hello Vaughn:
With all due respect, I think it would be inappropriate for SUF, or any other company, to respond to comments made on SI by an anonymous contributor, especially if those comments are potentially defamatory, as you point out. Libel laws are applicable to the web (see terms of Use), no matter where the comments come from (South Africa or Europe, Florida, etc) as seen by the recent ruling by BC Supreme Court with respect to investment newsletter author George Chelekis.
If indeed the comments are those of an "heir" -- or a lawyer, as you so astutely pointed out, or indeed "both" -- he/she should have been up front and reveal his/her true identity and varify that he/she is a party directly involved in the case. In the absence of such varification, it could be read as disinformation!
In my humble view everyone who subscribes to this or any other forum has the right to offer a viewpoint or to make comments, all in a civilized manner. Sometimes, however, because we are human, we may show our tempers, without malice, and offer apologies which are accepted... In the end common sense prevails and freedom of speech lives on. The comments made here, however, do not seem like simple "comments" made by interested investors who share information and exchange ideas. Its more than that indeed. It smells of an agenda. These comments were made by a person who joined SI for one day, on April 20th! I guess it was worth the fee (or trial subscription for free) to post it on SI. The true identity of the author(ess?) would have added credibility to the story, and would have allowed people to make an intelligent judgment as to its validity or truthfulness.
How can one believe someone who hides behind the veil of anonymity to post such potentially defamatory statements?
From my limited knowledge of Common Law, one definition of defamation leaps to mind is... a communication is defamatory if it tends to harm the reputation of another as to lower him in the estimation of the community or to deter third persons from associating or dealing with him...
In a Civil Law sense defamation covers any attack on the honour or reputation of a person, even a corporation, as well as any accusation liable to expose a person to hate, contempt or even, merely ridicule. Defamation always includes the notion of disparagement or humiliation, either through allegations tending to reduce the esteem, respect and consideration a human being may enjoy or through rousing unfavourable feelings towards him or her.
Under the Criminal Code of Canada, defamatory libel is defined as a matter published without lawful justification or excuse, that is likely to injure the reputation of any person by exposing him to hatred, contempt or ridicule, or that is designed to insult the person of or concerning whom it is published.
And, that Vaughn, is how is see this thing on this beautiful and bright sunny day!
Regards. Goalie. |
