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Posted 04 February 2010 - 11:33 AM
With the start of the new school/daycare year it is common for members to discuss their experiences. We must remind everyone to be extremely careful about doing so in way that it not potentially defamatory. Please do not discuss individual teachers/staff members in a negative manner, even in a way that indirectly identifies them. Even a general statement such as 'the staff are hopeless' may be defamatory if the centre is small, or indeed people know and can identify the staff to which you are referring.
Small businesses and not-for-profits CAN be defamed, and many childcare centres fall into this category.
Please be reminded these are rules also apply to DOCTORS, MIDWIVES, OBSTETRICIANS etc. Any INDIVIDUALS.
It applies to any SMALL BUSINESS of which a lot are discussed on EB.
Defamation occurs when published material, identifying a person, conveys a meaning that:
- Lowers/injures the person’s reputation
- Leads people to ridicule/avoid/despise that person
Large corporations cannot be defamed, but small companies and not-for-profits can be defamed.
A person may be “identified” other than by their name (eg. by relationship, where they work, etc)
Both the client and the person who has posted the offending material can be liable, which must be kept in mind at all times.
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