Is my website illegal / defamatory ? (UK Law)?

Question

I worked for a movie producer who never paid me.
I registered his name as a website to warn others of my experience.
His lawyers claim I am breaking the law.

Can anyone analyse my website and tell me what (if anything) I should change to keep it legal?
www.allan-niblo.com
Thanks for looking.

Answer 1

Might be worth asking the CAB (citizens advice bureau) can fix you up with a legal-aid solicitor on one of the £5 for 20 minute style things they use to do.

If you cannot find someone to do this, then call a few solicitors, MOST will give you a free initial consultation to decided if there is anything thay can help you with - it is then up to yopu if you decided to proceed with them or not.

IGNORE anyone who say "yes" or "lots of problems" - unless they can specifically quote WHAT law you are breaking - and also if it is a UK law.

There is a defence against libel and defamation IF it is in the public's interest. I would suggest that alerting people to unethical and underhand practice could be construed as being in the public interest. However I am not a solicitor or barrister - so would suggest you speak to one.

Furthermore, in the UK, we do not tend to toss people into jail with quite as much enthusiasm as they do in other countries - and if you have little money to lose (no house etc) then you would not really be worth suing. So what they can REALLY do against you is probably fairly minimal.

It is intersting to note that presumably the domain name issuers has not chosen to take the domain away from you and award it to this niblo character. Something I would ave thought his legal folks would have done rather than waste their time.

Get your site regsitered with google (search for "search engine submission") then even if you lose the site in the end, it will remain cached on search engines for a long time to come.

And if you lose he website? then "allan_niblo_is_dishonest.com" or "allan_diblo_leaves_bad_debt.com" might be available. Just keep it true and keep the information in the public interest.

Answer 2

There are a few legal issues here and without clarification from you it's difficult to understand exactly what they may be. However, from what you've said the following could be derived: 1) Registering the domain name as Niblo's name. 2) Defamation Understand that I'm not giving you legal advice here, simply telling it as I see it! 1) Rules regarding the internet are generally sketchy, so bear this in mind! There are laws in the US about Registering a domain name of a famous individual (Consumer Protection Act 1999) but only where your intention is to sell it on for a profit. If Niblo is living in the US then this may be worth thinking about. Of course, the burden of proof would be on him to prove that this was your intention. In the UK the main issue with domain name 'rights' are to do with trademarks and not individuals names. In this sense, there doesn't seem to be a case for Niblo to demand the domain name rights. 2) Defamation: Niblo would have to prove that the website was capable of bearing a defamatory meaning as libel (i.e. could cause a loss of reputation or money for example). It would be up to you to prove that what you said was substantially true. Using the title "DO NOT TRUST THIS MAN" indicates that Niblo is untrustworthy. This is perhaps the obvious defamatory comment. To some extent by using "I believe" and "In my opinion" in your statements, you are simply stating your opinion and obviously this is seen as freedom of speech. This would form the basis of your defence. There is however a strong bias in the UK system towards protecting an individual's reputation and this may not necessarily protect that freedom of speech. In summary, I'd be suprised if Niblo would even attempt to take any sort of legal action against you and I suggest you ask his lawyers which law(s) you are breaking. However, you should review your comment "Allan Niblo has repeatedly refused to honour my contract" as the contract may have been made with Vertigo Films and not Niblo. Again, I would suggest you remove the line "Do not trust this man" for the reason I noted above. The most obvious way to solve your problem would be to find a solicitor and claim breach of contract. You could even claim your legal costs back. Hope this helps!

Answer 3

It is defamatory if its untrue, so his claim can only succeed if he can prove in an action its untrue.
You should add a disclaimer (i haven't seen the site) to state this is your opinion only if you want to keep it up,

But a more pragmatic solution is below, plus also useful negotiation lever together with the website.

if the producer owes you money, its essentially a debt action, anything over £750, you can issue a statutory demand, which he must answer otherwise he could be bankrupted.

Reply to the lawyers stating the issues are true, and you are ready to litigate, you can get insurance for costs, go see a solicitor if your serious about resolving the issue.

Answer 4

Looking at your website I can't see how he has a case against you.
Opinions are labelled as opinions. Facts are labelled as facts. If the facts are all true the lawyers don't have a leg to stand on.

Seriously if you were breaking the law then the lawyers would take you to court as he could sue you for money. Because you have not been taken to court over this then they must have no real case against you and have resorted to intimidation tactics. If they had a case then they would have you up in court already - they have no case, if they had a case they would use it to get money from you.

Check copyright laws on the images of Allan Niblo you use as using a photo without permission of the photographer may be copyright infringement. If you took the pics yourself no problem.

Answer 5

unfortunately I don't know the law by heart on what is right and what is wrong, however I think there should be more site on the web like yours to refer dodgy/conman/rogue trader.

The law is always blurred anyway, no matter how right or wrong you are, people/criminal will always be protected no matter how true your story are. It's "freedom of speech" at its best. You can tell what you want if the law protects him then you're "done" to stay polite.

The best you can do is spread the word so nobody else get tricked by this guy and start a civil action or something else for what he owes you (if you can prove it).

All the best.

Answer 6

Defamation requires the statement (s) to be false, if they are provable as fact in a court of law then any libel action he brought may fail.

It may be wise to get the Union legal people to have a look at the site - alternatively you can remove yourself from it and have it hosted anonymously overseas.

The time and costs involved in legal fees of him trying to close down an offshore site would be vastly more than simply paying you off.

Answer 7

i imagine you are breaking the law, but to what end can this affect you if they take you to court shawley you have just pointed out the facts. 8 years is a long time for payment which odviously points to the fact you are never going to be payed this money .me personaly would keep the sight up and running and call there bluff ,i mean even if they did take you to court which i doubt will happen your telling the facts and standing up for what you beleive in right .good will out over evil.do what you feel is right to you and dont be pushed around.i realise i havent really answered your question but good luck.

Answer 8

He looks like a crook to me, but as far as the whole legality thing, not sure..it seems to me that you handles the website well and left it up to us to make a decision on the man. Hope all works out ok.

Answer 9

So long as you only give facts about what happened, and ensure where it is of your opinion, then it is stated that it is your opinion, then he has no case against you.
It is only defamatory if it is untrue. you may have to be able to prove it is true though.

Answer 10

honestly I would go to the Citizens Advice Bureau http://www.citizensadvice.org.uk/
and ask them what they think of your case, should be able to give good (and free) perspective on what to do next,

try your best to get something as there's too many companies and persons ripping off small business people,

good luck in your path forward!