Hi there, I am the mother of three (two of which are disabled). I have had a lot of experience with disability services which has been very challenging. With a move to the NDIS looking imminent (in whatever form it ends up), I am working on a website for parents in a similar situation. One of the things I want to offer is the opportunity for parents to review the service they receive from specific disability service providers and specific disability products based on a survey I have designed. (Just as diners vote on how they find restaurants, or readers vote on how much they like a book.) I will make it clear that the survey represents the "opinion" of the parents voting, and that it is their "opinion" of the "experience" they had with that service / product, and will only allow each computer to vote once on any one service provider (to prevent anyone voting multiple times). However, I would like to make sure I am not putting my family at risk of liable and / or defamation and / or any other financial or legal difficulties. Advice on the how "safe" the functionality is and what disclaimer I should include would be really helpful. Thank you in advance for your time and for considering this request. Vanita
I have not been sure where to begin.
The first thing you want to do when registering the website is use WhoisGuard. RackCorp in Sydney offer the service. Basically it makes it difficult for anyone wanting to sue you to get your name and contact details unless they have a Court order.Apart from that, however, if you only show the survey results, you will likely not expose yourself too much to a defamation claim. But the very nature of the proposed website will get some companies noses out of joint.A disclaimer would help, but we don't offer a drafting service on JustAnswer, we are just a question and answer service.If you're satisfied with the results of your question, then I'll ask you to please provide positive feedback so that I will get credit for the time spent on your question.
Hi Alex, Thank you for your prompt answer. The survey pertaining to a service deliverer or product is broken down into a number of questions like "did this organisation provide good customer service?" and allows the user to choose from options like Very Good, Good, Poor, Very Poor. So the results of the survey would be more specific than perhaps you were thinking? Is this a problem? (I don't imagine it would be as long as again - I couch it all in terms of opinion and experience - is that right? Am I on the right track putting emphasis on this framing of the feedback users provide?)As well, I gather from your reply above that the main thing I am to avoid is allowing users to have the opportunity to provide free form comments which might be critical, and which by hosting I am responsible for? But if they stick to just responding to the survey and I show only the survey responses, that this is safer.Is there any benefit in allowing the service provider a right of reply? I would be happy to do this but it doesn't seem appropriate because I will avoid specific details by using a survey only and not free form comments.Thank you again, Vanita
Sorry and I think this is my last question for you ... if a company threatened to sue me, would the legal and / or logical process be for them to first ask me take their company off my website? And then presumably, if I cooperated with their request, for them to no longer pursue a case against me?
(I don't imagine it would be as long as again - I couch it all in terms of opinion and experience - is that right? To a large extent that is true because it would allow for the defence of fair comment to any defamation claim. the main thing I am to avoid is allowing users to have the opportunity to provide free form comments which might be critical, and which by hosting I am responsible for? That's right. That would go a long way towards reducing your expose to a defamation claim. if a company threatened to sue me, would the legal and / or logical process be for them to first ask me take their company off my website? And then presumably, if I cooperated with their request, for them to no longer pursue a case against me? usually they ask, and then you take the comments/postings down, and that is the end of the matter. But even after you take it down they can still sue you for the time it was up. Often they don't however, because the legal fees in suing usually are more than they recover in damages.If you're satisfied with the results of your question, then I'll ask you to please provide positive feedback so that I will get credit for the time spent on your question.
I did my law degree at the University of Queensland
thank you very much
Glad I could help.
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