I got confused in a complex business transaction which basically involved me not realizing I owed a small amount of money on a purchase. I was waiting for a response from the other person about some shipping issues, and several months went by without contact and I forgot about it. I fully admit that this was stupid.
A couple of days ago, I am reminded of this transaction because the other person involved has now posted on two large forums where my buyers go, saying that not only have I “refused” to pay her, I’ve also ignored several requests to do so and am just an awful company, etc. I checked my records, and even though part of the transaction was supposed to be trade of goods, I immediately paid her the full balance.
And your question is ?
To continue, she’s saying things which are not true as well as saying things that are true. I want my side of it heard. I made an honest mistake, which I corrected as soon as I knew about it. I am not the scammer she’s making me out to be.
One of the forums is public and the other is run by another (competing) company. I’ve already posted on the public one. Does the other board have any legal duty to allow me to post a rebuttal? Basically, I want to say that yes, I screwed up, but I fixed it immediately she let me know about it.
HennaDancer
Did you really refuse several requests? If she’s saying something slanderous that’s not true, you have grounds for a libel suit. This isn’t a freedom of speech question.
I didn’t refuse any requests for payment. Part of the deal was that I’d send her some stuff in trade for part of the money I owed for the stuff she sold me. I shipped it to her twice and it came back twice. I let her know this and was waiting for her reply, since what I’d spent on shipping was now more than the cost of the trade.
But my question was not ‘can she say stuff about me’. I realize it’s hard to follow due to the accidental splitting of the post into two sections. I was also changing the posts’s title when I hit enter.
MODERATOR- can you please fix the original posting problem so people will know what I’m asking? It’s really unclear right now. I’d like the first and third post to be put together in one and the title changed to “Does media’s ‘equal time’ rule apply here?”
What I want to know is this- Does the owner of a public forum have any responsibility to allow me to post a rebuttal? Part of what she says is true and I admit to it and would actually like to publicly admit to it and apologize. Part is slanted at best and I want my side of the story heard. Part is absolutely false and makes me look worse than I really am.
I’m thinking that radio and TV stations have some sort of equal time clause for political stuff, but I don’t know if it applies here.
HennaDancer
The equal time clause apllies to media to ensure that politicians to on the ballot (or running for office) have equal chances to make their case. It does not apply here in any way.
This is not a freedom of speech issue either, because the government is not involved, only private parties.
The answer to your actual question is almost certainly no. From what you say it appears to be a private company board and not public. They don’t have to give you spit if they don’t choose.
The FCC USED to mandate that people who were spoken negatively about on the air (possibly in print too?) had a right to equal time for a rebuttal. For example, if Bob’s Variety Hour ran a five minute story saying that Bill’s Home Furnishings sold products that were overpriced and of inferior quality, Bill would get five minutes to explain that his products were fairly priced and of excellent quality. This provision was eliminated a long while ago.
HennaDancer: Have you tried e-mailing an admin of the board and asking them to remove the statements in question or allow you to post a reply? AFAIK, and IANAL, current legal interpretation is that an ISP or message board is not responsible for content posted by its users. However, it’s quite likely they’ll do what they can to avoid trouble, and of course to do the right thing. If you can’t get any satisfaction from them or the person in question, definitely contact a lawyer to see if libel claims should be pursued.
[sub]I Am Not A Lawyer. Laws vary by jurisdiction. Nothing in this post should be construed to take the place of advice from a qualified attorney in your jurisdiction.[/sub]
We’d like to help, Henna, but I’m not sure what to do here.
I can’t combine those posts (or maybe I can but I don’t know how and wouldn’t risk stressing the hamsters in any event). I’ll retitle the thread for you, but the answer to the question you’ve asked (about “equal time”) is “no” so your suggestion won’t help you.
Think about it a while and drop me an email; we’ll see what we can do.
Okay, thanks for the effort.
And thank for everyone’s answers.
The owner of one board won’t let me post there, which sucks. Personal issues which have nothing to do with the question at hand. The other board I have posted, and others have posted too, saying that it was inappropriate.
HennaDancer
If you have support on the board which lets you post, you might mention that the other board with the derogatory comments about you won’t let you post. Perhaps some of those sympathetic to your plight will visit that other board and, presuming they can post there, present your case.