Naming and Shaming late payers – legal?

That’s slightly less than accurate Ken. And even if it was accurate it still wouldn’t make it illegal.

Posted under Late Payment, Legal Issues

Posted by Alec at 7:45 pm, June 6, 2007

1 Comment so far

  1. Alec added on  July 2nd, 2007 at 07:06

    Libel is generally not a criminal offence and is therefore not punishable by law.

    There is of course the option for an aggrieved person to sue for libel in the civil court but truth is an absolute defence. If someone owes you money and you post that fact on here then no libel’s been committed. If they don’t owe you money they could potentially sue both you and ‘Network’ for libel. If you could show that you had reasonable reason to believe that you were telling the truth then they’d fail.

    Whether or not the debt has been proved in court at the time you make your allegation isn’t relevant UNLESS you’re aware that the amount owing is subject to a possibly legitimate dispute.

    There’s also a criminal offence of libel requiring the malicious publication of something you know to be untrue or did not have good reason to believe is true. To be tried as a criminal offence the libel has to be so severe that a High Court judge would accept that it should be dealt with as a crime leading to a possible prison sentence. It is highly unlikely that a false allegation of a commercial debt would be treated in this way.

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