Sunday, 29 May 2011

When are Australian lawyers going to advise clients that the Streisand Effect may render threats of legal action ineffective?


Unfortunately for the sender the following legal letter appeared to have no effect, as versions of the offending content were reposted on at least six other sites and display there to date. Perhaps Mr. T Snr should have a word with his son concerning Internet reality, as even Google Inc is obviously not taking him seriously.

From the files of Chilling Effects:

NoticeID=50864: Defamation re 434u scam social networking site

November 24, 2010

Sender Information:
redacted
Sent by: redacted
[Private]
redacted
redacted
redacted NSW, redacted Australia

Recipient Information:
http://www.livejournal.com/
http://www.livejournal.com/
redacted
redacted
redacted

Sent via: Via email
Re: Cease and Desist

I act for [Client Name Redacted] and 434u Corporation (Australia) Pty Ltd. Our client has instructed us that you have extensively published false, misleading, malicious and defamatory material across the internet at http://community.livejournal.com/434u. In addition to being highly defamatory, the publication of the Offending Material constitutes the tort of Injurious Falsehood and is being undertaken with the sole intention of causing loss and damage to my clients. As you are well aware, the statements and publications contained in the Offending Material are utterly without basis in fact.

The publication of the Offending Material has already caused loss and damage to my client and related entities, and will continue to do so unless the offending material is immediately removed and deleted from all locations in which it is published and displayed. We are in the process of contacting all sources we are able to identify and strongly suggest that you take immediate and decisive action yourself to remove all instances of the Offending Material.
We require that you immediately undertake to remove all of the Offending Material and that you confirm by direct response when you have done so.

My client is taking this matter extremely seriously and will take all necessary steps to hold you accountable for the loss and damage that your conduct has caused and will continue to cause whilst the Offending Material is being published and displayed. We reserve our clients rights against you in all respects and will instruct lawyers in to pursue you directly should we not receive a satisfactory response to this demand.

Regards,

[redacted]
Attorney

Posted at E46Fanatics forum on 3 August 2010:

from Lawrence Connor
to Karl Scott ,
Lawrence Connor
date Mon, Mar 8, 2010 at 11:06 PM
subject Re: 434u.com
mailed-by gmail.com
hide details 11:06 PM (27 minutes ago)

Dear Mr. Karl Scott,

Take whatever actions as you see fit. I am not changing what I have published.
Mr. Tidy has made his choices, and your assertion that what I have expressed is false is mere empty gesturing and posturing. it will be upon you to prove anything in a court.
Your next communication to me is either to tell me what next step you take, or I hear no further from you.
I have received your missive, and you also now have received my reply. Take it for action as you will.
I stand by my right to publish. Nothing other results from your having contacted me at this time.

Regards,

Lawrence A. Connor
- Show quoted text -

Lawrence Albert Connor

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