Mike O'Meara Show Fan Wrote:
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> huwTv Wrote:
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> -----
> > Burkeman Wrote:
> >
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>
> > -----
> > > I read in todays paper that Hadeed is suing
> > Yelp
> > > to get names of customers for posting bad
> > reviews.
> > > I would recommend that people wanting their
> > > carpets cleaned check out their reviews first
> > > before they engage them as they intimidate
> > > customers posting bad reviews. Is this the
> > kind
> > > of company you want to do business with?
> >
> > Where in the Constitution does it say you have
> a
> > right to anonymously defame someone? If you
> only
> > write truthful reviews, you would never worry
> > about your name being released.
> >
> > Watch this interview
> >
http://video.cnbc.com/gallery/?video=3000363770
> of
> > Yelp PR person and documentary filmmaker - Yelp
> > found the data on reviewers in this instance.
>
> You do understand that something that's defamatory
> is not necessarily untrue, right?
I refer you to Mr. Webster:
defamation
noun def·a·ma·tion
: the act of saying false things in order to make people have a bad opinion of
someone or something : the act of defaming someone or something
So defamation by definition is untrue. To quote an old saying, the truth is an absolute defense to defamation. So if someone says they charged me double the original estimate, if they showed an original estimate and a final bill that was double, that's an airtight defense. You can also freely express opinions - "I thought the service person was rude" or something like that. Defamation is when you say something that is untrue and you are in trouble if it can be proved untrue. If you said "They charged me double the estimate" and the business can show they did not, that is false. You cannot do that and can be sued for damages. This goes back centuries in English common law.
In the US, the burden of proof is on the person claiming the defamation. Of course, if your defense is the truthfulness of your statement, you would be presenting that. The murky area is opinion - what is fact versus opinion? Things like "They overcharged me" or "They did not clean the carpet" could be fact or opinion, and I don't think most Yelp reviewers are going to post reviews making clear distinctions between fact and opinion.