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Getting back edited posts?

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Topic: Getting back edited posts?
Posted By: DucatiOzz
Subject: Getting back edited posts?
Date Posted: 04 December 2009 at 12:18pm

I am sure the answer will be the same as with deleted posts but I will ask anyway!

 

A couple of my members had a right old slanging match on a thread the other day and one is trying to sue the other for defamation. The defamatory posts are still there and that is fine but the posts made by the person suing were edited by him so the other party cannot see what was said and I cannot remember either...

 

Is there any way to get back to the posts pre-editing??



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Replies:
Posted By: WebWiz-Bruce
Date Posted: 04 December 2009 at 12:47pm
Unfortunately not.

I would also look at removing or hiding the posts as UK law on defamation means that the web site owner and the web host are liable as you are providing the service. Under UK law the service provider is seen as the 'publisher' in the eyes of the law.

Often if any legal proceedings are taken the solicitor would look at taking the website owner and the service provider to court as the 'publisher'.

As long as you can show you acted promptly when you became aware of the issue by removing the posts then you would limit your liability.

UK defamation laws are also very bad as it is up to the defendant to prove with a mountain of written evidence that the claims are true.

This is why many foreign companies try to get defamation cases heard in the UK as they are so likely to win.


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Posted By: DucatiOzz
Date Posted: 04 December 2009 at 12:50pm
Thanks Bruce thats what I thought.

The person doing the suing wants me to leave it there until his solicitor has sent the poster a letter and then I am to delete/hide.

I have offered several times to get rid of it.

The comment on there is no non-descript and petty but his solicitor thinks he has a case! Confused


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Posted By: WebWiz-Bruce
Date Posted: 04 December 2009 at 12:58pm
These types of cases rarely go to court as it costs silly amounts of money, and even if they do win they are unlikely to recover all the costs.

Generally you just get someone wasting a couple hundred pounds on solicitors fees to blow around a load of hot air.

I personally would hide the whole topic and just say it's been deleted for breaking forum rules, this way you avoid any liability of your own if things get nasty and prevent you getting stuck in the middle of a nasty situation.

There solicitor would want to see a printout or screen dump anyway as evidence rather than it staying live on a website where you are liable to the content.


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Posted By: Shaun
Date Posted: 09 December 2009 at 5:26am
Just to add.. Someone must surely have been subscribed to the thread that was made and would have received (and hopefully retained) all the original posts made (before they were edited). This is the only way you'll see them.

As an administrator of a big forum, I have a chuck away email address & account and EVERY post made (because I am subscribed to every section) gets emailed to the account. Every week, I purge all the emails that are 7 days old and this way I have always have a true copy of all posts made and can refer to them should we have an issue.

So probably worth checking if you have any members subscribed to the thread in question and see if they have the original email notifications.

Take care,
Shaun



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