Has anyone gone through the defamation process with Ebay

[lustrekate]

Hi all

Just wanted to know if any members had actually gone through the Ebay defamation process and do Ebay sellers find that policies at times seem different depending on which customer service representative you speak to.

[fred_foofighter]

I am sorry but that is not correct for defamation you have to prove 3 things

That the words were capable of a defamatory meaning as understood by ordinary members of society. ie harms the person, in their reputation

That the words identify him as the person defamed.

That the words or pictures have been published,

In court the buyer could use "Defence of Honest Opinion", however opinion has to be based on "proper material".  That we don't know and eBay is not a court of law, what ever they may think.  Buyers should take care what they write, you can't just write anything because its your opinion.

[siggie-reported-by-alarmists]

If the buyer found the seller to be nasty or threatening....they are allowed to leave that as their feedback.

 Who knows what the buyer considers to be nasty...or threatening. Maybe the buyer pointing out that the vase is a fake...and received a hostile response.

[gec2002]

Yes the comment needs to have some basis of fact, however it doesn't matter what the buyer considers threatening, it what is commonly thought of as threatening.  Just because its your opinion doesn't necessarily make it OK to print it, otherwise people would write the most vile and objectionable things and then claim its OK its just my opinion.  I agree we dont have the facts to make a judgement call but just as the buyer may be in the right they also may be very wrong. 

[siggie-reported-by-alarmists]

Yes the comment needs to have some basis of fact, however it doesn't matter what the buyer considers threatening, it what is commonly thought of as threatening.  Just because its your opinion doesn't necessarily make it OK to print it, otherwise people would write the most vile and objectionable things and then claim its OK its just my opinion.  I agree we dont have the facts to make a judgement call but just as the buyer may be in the right they also may be very wrong. 

Really?

Please post the link where eBay state feedback must have some basis of fact.:^O

Whether anyone else thinks that the seller was threatening or not is irrelevant. The buyer is one who leaves feedback, it is their opinion that matters.

Now, if a buyer does write the "most vile and objectionable things", they will be removed under feedback rule of 

"Members can't include links, profanity, or other inappropriate content in Feedback comments". However, eBay are the ones to judge that!

I don't make the rules, I just laugh at them. 🙂

[***super_nova***]

If the vase is not Murano, if it is not Italian, then the  buyer has perfect right to say that the description is deceptive.  It is up to you to prove that the description was right, but with the ? I do not think you can.  Were you abusive?  Assuming the conversation was through eBay messages the buyer has record of it and so does eBay.  As PJ said, be grateful you have not been reported, and forget about defamation.

[siggie-reported-by-alarmists]

The item may have been collected by the buyer.. Who knows what they encountered at that time. It would also mean that eBay don't have emails to read to disclaim the "nasty and threatening behavior . The buyer might be justified in their feedback.

[soho_solutions]

"Please post the link where eBay state feedback must have some basis of fact."

I have already posted the link above which is eBays own help on defamation.

From the above link

"According to New South Wales law, defamation is broadly defined as a publication communicated to someone, other than the subject, which is liable to cause ordinary, reasonable persons to think less of the subject or shun or avoid the subject. Defamatory publications will include aspersions upon an individual's reputation for honour, honesty and integrity as well as disparagement of an individual's reputation in trade, business, profession or office."

If you actually read what I said it was - using opinion as a defence against defamation requires it to be based on fact.  Nothing to do with feedback needing to be based on fact.

Once again eBay just thinks its the law.

[jensmanchester-australia]

Regardless of what the buyer thinks of the seller, by stating on a public forum that the seller is nasty, threatening and unreasonable then that could be viewed as defamation as it could cause others to shun or avoid the seller.

If the description was misleading, had the buyer restricted their comments to that issue, then the seller probably would have not been able to do anything about the feedback.

However by making statements about the seller there is every chance that if the seller lodged a defamation claim form then eBay would have to remove the feedback - unless they have some proof via the ebay message system that the buyer's statement is correct.

[siggie-reported-by-alarmists]

"Please post the link where eBay state feedback must have some basis of fact."

I have already posted the link above which is eBays own help on defamation.

From the above link

"According to New South Wales law, defamation is broadly defined as a publication communicated to someone, other than the subject, which is liable to cause ordinary, reasonable persons to think less of the subject or shun or avoid the subject. Defamatory publications will include aspersions upon an individual's reputation for honour, honesty and integrity as well as disparagement of an individual's reputation in trade, business, profession or office."

If you actually read what I said it was - using opinion as a defence against defamation requires it to be based on fact.  Nothing to do with feedback needing to be based on fact.

Once again eBay just thinks its the law.

😉

[collect247]

I hope you didn't wait 5 years to say that lol