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Named and Shamed, Costa Blanca, Spain

Posted: Wed Aug 14, 2019 1:42pm
6 replies1617 views6 members subscribed
Kimmy11

Kimmy11

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Hi,

I've recently joined the Facebook group, "Named and Shamed" for Costa Blanca.  

The administrator, Bruce Dowding, accepts requests to join this closed group with the following advice:

"This is where you can Name and Shame the scammers, rip-off merchants, liars, cheats and thieves that infect the Costa Blanca, as a warning so that other honest people don't become their next victims.

"Remember that YOU ARE LEGALLY RESPONSIBLE for anything you say or write in ANY public domain, and that includes any posts you publish in this group (or indeed anywhere else on facebook or elsewhere on the internet). BUT there is ONLY a potential libel against anyone else if what you state in any public domain about them IS NOT TRUE, and that libel causes them financial harm. There is NO libel so long as what you state IS TRUE. So keep it absolutely factual, as detailed and clear as you can, without insults or bad language, and with supporting photos/evidence wherever possible.

"You can search all previous reports for any specific individuals/Company names by typing them into the group Search facility (the Search box or magnifying glass symbol at the top of the page)."

I understand the Costa Blanca Forum administrators' reluctance to allow posts that may negatively affect bona-fide businesses, so I thought it worth posting the details of this FB group for anyone who has a genuine reason for complaint, but also in the hope that it may be a preventative measure for others.  There's been a recent post on this forum from a member with a half-finished Ikea kitchen, who may have benefited from belonging to this FB group.

Kind regards, 

Kim

Nakabandi

Posted: Wed Aug 14, 2019 1:52pm

Nakabandi

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Posted: Wed Aug 14, 2019 1:52pm

How can anyone bring a case of libel against a forum member who’s identity is unknown.


Kimmy11

Posted: Wed Aug 14, 2019 2:18pm

Kimmy11

Original Poster

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Posts: 6872

12569 helpful points

Joined: 8 Aug 2017

Posted: Wed Aug 14, 2019 2:18pm

Nakabandi wrote on Wed Aug 14, 2019 1:52pm:

How can anyone bring a case of libel against a forum member who’s identity is unknown.


No-one's suggesting that anyone's going to try to bring a libel case against a Costa Blanca forum member.  The closed Facebook group is not a commercial enterprise, but members are named, hence Bruce Dowding's notice regarding the appropriate information and language to use in posts.

Kind regards  

Kim

Movingon

Posted: Wed Aug 14, 2019 4:24pm

Movingon

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Location: Albatera

Joined: 7 Feb 2018

Posted: Wed Aug 14, 2019 4:24pm

"There is NO libel so long as what you state IS True" 

Not much of a fan of naming and shaming because very often the 'truth' can look (and be) very different depending on where you're viewing it from.

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UKHandyMan4Hire

Posted: Wed Aug 14, 2019 8:34pm

UKHandyMan4Hire

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Location: Aspe

Joined: 22 May 2018

Posted: Wed Aug 14, 2019 8:34pm

Just to add, even IF your complaint IS valid and true, my understanding in Spain is that a person can lodge a 'Denuncia' 

I may be mistaken, but I think Jim has covered this in one of his brilliant guides... I am sure he will soon correct me if I am wrong!

In addition to that, personally, I always ask my customers if they are happy with my work, did they get what they thought they would be getting and would they recommend me? I appreciate honesty and sometimes blunt feedback can sting a little, but at least this gives someone the chance to put it right and leave a happy (or happier) customer.

I am aware that these Forum administrators are hot on the whole name and shame issue, likely to be the legal side of things driving their passion about it as otherwise they provide fantastic forums and want to assist everyone in the regions.

Hope it helps

Kimmy11

Posted: Wed Aug 14, 2019 9:34pm

Kimmy11

Original Poster

Legendary helpful member

Posts: 6872

12569 helpful points

Joined: 8 Aug 2017

Posted: Wed Aug 14, 2019 9:34pm

Thanks, UKHandyMan, but I don't think the "Named and Shamed" group is aimed at the type of trades person or business that cares about whether their customers are happy.  The purpose of the site is to forewarn others, hopefully before the denunciation process is needed but, in any event, the two things are not mutually exclusive.

Kind regards 

Kim

Web Designer Guy

Posted: Thu Oct 1, 2020 9:00am

Web Designer Guy

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Posts: 199

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Joined: 6 Feb 2020

Posted: Thu Oct 1, 2020 9:00am

There is a lot of misunderstanding regarding Facebook groups and deformation. There is precedence for a Facebook Group administrator to be considered the editor and/or publisher of any comments made in a wholly public or closed group. Meaning in legal terms the onus is on them to ensure what is posted is factual, opposed to any third party proving it isn't.

In short, just because its Facebook, it doesn't mean everyone involved in the publishing of potentially defamatory comments  is clear of potential prosecutions. Indeed, given the deep pockets and legal might of a platform like Facebook it's more likely they will be the ones in the crosshairs of any disgruntled third party, simple because they are an easier target.

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