Re: 11/15/00 - ZDNetAsia: Vulgar postings lead to threat of lawsuit
Vulgar postings lead to threat of lawsuit
By Ariel Tam
15 November 2000
Think twice before you post any defamatory messages online. You may just find yourself receiving a not-too-pleasant e-mail from the lawyers.
SINGAPORE - Video-Pro, a computer shop in Sim Lim Square, has threatened to sue about 60 people, most of whom are teenagers, for posting defamatory statements against it on a local IT portal, Hardware Zone.
The people involved had posted negative comments on the forum pages of hardwarezone.com, complaining about Video Pro's unsatisfactory service and flawed products. Some reportedly posted profanities targeted at Video-Pro's employees.
Video-Pro's lawyers sent an e-mail to the writers, demanding apologies and compensation, which if not met, would result in lawsuits.
The writers' e-mail addresses were released by Hardware Zone, which was founded by a group of National University of Singapore undergraduates, to Video-Pro. When questioned whether Hardware Zone had the legal right to disclose e-mail adresses of its members to a third party without members' consent, Eugene Low, general manager of Hardware Zone, told ZDNet Asia that Hardware Zone abided by the law when it disclosed the addresses to Video-Pro.
Low explained that Hardware Zone had earlier sued Video-Pro for the latter's use of the hardwarezone.com.sg domain name. The Video-Pro retaliated by suing the portal for defamation arising from the forum postings.
Subsequently, Video-Pro agreed to transfer the domain name to Hardware Zone, while the latter agreed to "cease and desist from posting all statements/postings/messages on the Web site 'www.hardwarezone.com' which are considered defamatory of the Video-Pro Pte Ltd, and offer all reasonable assistance to the Video-Pro Pte Ltd apropos the identification of the actual makers of the statements complained of".
Low added that under the Terms of Service posted on hardwarezone.com, members have consented that pursuant to Hardware Zone's privacy policy, the company can disclose user information "in the good faith belief that such action is reasonably necessary to comply with the law".
"We have and always will respect our members' privacy. But under certain situations where we are compelled by law, there are certain difficult actions that we have to take. I stress again we are terribly sorry for what Video-Pro is doing right now by taking action against certain members, but Hardware Zone as a company cannot put itself in a position where it assumes an obligation to defend the merits and justifications of statements made by its members about Video-Pro or any other third parties," Low said.
zdnetasia.com
An apology from Video-Pro instead?
Many of those who received the e-mail have turned to Dr Philip Teo, a former polytechnic lecturer, for help. They got to know Dr Teo, who is a Hardware Zone member himself, through the Web site.
Dr Teo has written to Video-Pro's lawyers requesting Video-Pro to retract the notices within 24 hours. He also offered to apologise on behalf of the members "without admission of guilt as a give-and-take gesture". In the letter, Dr Teo wrote that "it is not a good idea for a shop to sue its customer who complains of bad service".
"Personally, along with thousands of computer professionals, [and] many legal professionals, I do not want this to happen as it will change the landscape of the Internet in Singapore should the matter escalate in public or to court," Dr Teo wrote.
However, Video-Pro's lawyer rejected Dr Teo's offer as it was felt that Dr Teo lacked the necessary authority to represent the members. In addition, some of the members involved may not have the legal capacity to appoint Dr Teo as their representative.
"I do not have the authority to represent all. About 30 asked me to clear the issue. The lawyer wanted the list and I refused. From the list, they can pick off one by one like sitting ducks. To ensure that this does not happen, I have deleted all the e-mail files and all other files. I have since then withdrawn my offer to apologise for the kids ... if it goes to court, I will be on the side of the kids as a computer and Internet expert withness against Video Pro," Dr Teo told ZDNet Asia.
Dr Teo added that he feels that Video-Pro should "instead apologise for the e-mail which in some instances have caused distress to its members because they, the school-going kids, were in an examination period", and that Video-Pro should also apologise "for the poor services in the past".
Dr Teo told ZDNet Asia that he has received offers from a few lawyers to defend the members.
"I will dedicate all my time and effort to do whatever is necessary to protect the kids. There are many more professionals, who have pledged support to help. I am also seeking more support from any lawyer and other professionals. If there is enough support and funds, a counter suit may be considered. I will keep this option open," he said.
"Nothing will happen to the kids. Not if I can help it," Dr Teo averred.
Copyright © 2000 ZDNetAsia. All rights reserved.
zdnetasia.com |
