on โ23-09-2012 05:49 PM
Before leaving feedback think about this.
Sellers do have the right to have customers charged if eBay does not remove defamatory comments such as neutral or negative feedback.
Due to Australian Laws the consumer has the right to take the matter up with consumer affairs.
How ever the consumer does not have the right to stand out the front of a business bad mouthing that business (or in this case on eBay leave neutral or negative feedback).
That is what consumer affairs is for is the consumer is in the right.
By law eBay must and does provide this link below
Defamation of character Stat Declaration
http://pages.ebay.com.au/help/community/defam-form.html
on โ24-09-2012 02:08 AM
No consumer has the legal right to make defamtory comments against any person place or business, if the consumer wants to pursue their rights their obligation as a consumer is to take the matter up with consumer affairs to which they still have to prove that the matter is what they state it is.
Regardless of how you look at it if a seller has a minimum 20k to blow on a law suit because a buyer wants to make defamatory comments the seller will won hands down as that is what consumer affairs are for, to stand for the rights of the consumer.
defamation of character has nothing to do with buying or selling for that matter. Is is simply a small mans way of trying to get a point across because they don't have a legal leg to stand on as is eBay's feedback system.
on โ24-09-2012 03:17 AM
Define defamatory. It has to be unthruthful for starters and NOT in the public interest. High hurdle there.
While you're at it please define "defamate".
on โ24-09-2012 03:28 AM
So if a buyer simply does not like an item and leaves negative feedback the OP is correct in what he is saying.
I find that hard to believe, since leaving a neg due to not liking a product does not defame anyone's character. I understand that a neg can have a negative impact on a seller and their business and there are many that can be seen as unjustified, but I can't see how it could be prosecutable under defamation laws if a statement does not directly (or even remotely) defame the seller.
Further to that, if the buyer doesn't like a product, and that's what the neg states (i.e. merely "I didn't like it"), it is a simple statement of fact (truth), and therefore defensible, and if nothing else it's a reflection on the buyer's character rather than the seller's.
on โ24-09-2012 05:46 AM
I assume this isn't a wind up because the OP seems to take himself seriously.
It's a pity he can't spell his ID....... ]:)
on โ24-09-2012 08:30 AM
deja - vu, you are wicked ๐