in the end, law doesn't matter on a private board, it only matters what the ones in control truly think..
however one can argue that in order to defame or slander someones character or name, they would have to a good character or name to defame..which in fact at this stage some would argue isn't the case anymore, given the circumstances.
"false light' generally relates to a person's emotion and mental well being, and defamation relates to a persons reputation.
False light arguments also have to be SO MISLEADING as to be defamatory..
Defamation in the "Real world" is in fact hard to prove and often fruitless, since my opinion is protected by the first amendment.. which doesn't apply on a private board. I didn't state FOR FACT anyone had done anything.. actually as pointed out, I stated for fact SHE HAD NOT done what i said.. I went on to say "if she had" and while that may cast someone in a false light, its not unreasonable, unfounded nor inplausible that it could be the case, but I did not state it as fact or that it had indeed happened.. proving casting someone in a bad light would require that its unreasonable that it could occur, and what i said is in fact reasonable.. it would also be libel, since its in writing, slander implies spoken word.. this is in print, so libel would be the correct thing..actually kinda a new found "law" cyberlibel, in which it occurs on the internet.. cyberlibel is still being explored and not recognized in all states. also one would have to prove a malicious intent, i said nothing malicious since i did not say for fact what i stated was true, it was a for instance, an opinion, an opinion that is in fact reasonable.. one would also have to prove that by my statement the person in that statement lost or could lose business.
However i would then point out how damage was already done and character already damaged given the circumstances, post etc and that 1 could not prove whether my statement or in light of the circumstances there was a decline in business..
perhaps the argument would be that its defamation per se: which would require me to prove the statement I made were true, as opposed to forcing the plantiff to prove without doubt they are false.
i could also argue "fair comment":
Fair Comment: Where a statement is found to be a "fair comment on a matter of public interest", the statement will not ordinarily support an action for defamation.
if a reasonable person could honestly entertain such an opinion, then the statement is protected 
of course the person saying i am in the wrong will say its "not a fair comment", but someone else might decide otherwise. of course we are on a private board where that doesn't count
Opinion: It is said that a person's mere opinion, as opposed to an allegation of fact, cannot give rise to an action for defamation.
Within the context of defamation, that means that the plaintiff must establish by a preponderance of the evidence that the defendant's statements were false, and that the defendant knew or reasonably should have known them to be false at the time the statements were made.. given the circumstances, it can't be said that I should have reasonably known the statement to be false.. a statement in which i made NO ACCUSATIONS! lol
I can also attempt to illustrate that the plaintiff had a poor reputation in the community, in order to diminish any claim for damages resulting from the defamatory statements.
but of course since this is a private board, any of what i just said has no bearing, since we are not in a court where a unbiased person would "judge" this.. it only matters what the mods opinion or interpretation of what i said is..
i could go on.. but this isn't law class..we could argue all day who is right, who would win, what would happen, we all have..oh wait..here is that word.. opinions.. but alas, it only matters of 1 persons opinion
in the end, its merely a case of I need to quit using someone as an example..and that the person in charges opinon of the matter was that it was harmful, no law was broken, its a private board, it would have been simple enough if i hadn't been accused of "spreading rumors", "commiting slander" and defaming someones name. none of which occurred, its simply a case of I said something the mod didn't like and he could have asked me to stop, without accusing me of something.
Originally Posted by MrGiz
