[Imc-sydney] FAIRLY URGENT - TAKEDOWN NOTICE (Crown Solicitor)

[Pyewacket Cat]

Does anyone know what happened about this article? Would it be possible to find out from the Crown Solicitors which part of the article is defamatory and just change that rather than remove whole articles? Surely the whole article doesn't need to be taken down just because of some offensive phrases.




----------------------------------------> Date: Tue, 21 Aug 2007 17:01:43 +1200> From: andrew at scoop.co.nz> To: suscon at foesyd.org.au; imc-sydney at indymedia.org.au> Subject: Re: [Imc-sydney] FAIRLY URGENT - TAKEDOWN NOTICE (Crown Solicitor)> CC:>> Please note: this list is archived and searchable via the web.>> A search turns up this url: http://sydney.indymedia.org.au/node/51007>> I can't see the article on our site at present, but it's cached on> google (search for the title).>> The bits of the email you've copied don't look like a takedown notice to> me - more of a request. It's easy to be concerned given litigious> nature of the source though (Is it the crown solicitor's office or the> N.S.W. Anti Discrimination Board?), and the reference to defamation does> sound a bit like the sort of threat that can't be construed as a threat> that lawyers like to use.>> Still I think it would be worthwhile to take our usual approach and> first encourage them to reply on the website, and also we could ask them> to make more specific their concerns regarding defamation so that the> article might be modified accordingly without removing the critique> entirely. Do we actually know who the poster is or have any way of> contacting them? If not, a few bits replaced by [removed by IMC Sydney> editors due to defamation concerns] bits in the text would presumably> not be an unreasonable approach. Not 'defamation threats' though -> they've been careful about that and we must also.>> The article is written by an amateur writer, and I wouldn't be entirely> surprised if something there crossed the line into defamation, but> without knowing the truth of the story, and with rather limited> knowledge of Australian defamation law on my part, it's hard for me to say.>> It is (at the least) inappropriate for the NSW Discrimination Board or> the Crown Solicitor's Office to attempt to suppress the criticism> entirely. It's noteworthy that they suggest defamation of their> officers rather than their institution. Perhaps removing the names of> officers is sufficient?>> This last paragraph is somewhat of an aside, but I'm not all that sure> of how Australian defamation law works. In New Zealand it revolves> around intent to cause harm, and truth or otherwise has very little to> do with it. That's not true everywhere, and I'd be very interested if> anyone's got a good summary of how Australian defamation law works,> preferably one focussing on a publishing context.>> Andrew>>>>> suscon at foesyd.org.au wrote:>> Please note: this list is archived and searchable via the web.>> Hi All>>>> Got a takedown notice from the Crown Solicitor's Office (in my capacity as>> registered owner of indymedia.org.au). Can people let me know if I need to>> request any further info (like specific URL). How many sites are there>> hanging off indymedia.org.au anyway? Also Crown Solicitor has requested>> this request forwarded to the poster - or to be put in contact with the>> poster (Mulligrubs?) ...>>>> Cheers - Len>>>>>> Transcript of important bits:>>>> Request for removal of Article>>>> On behalf of the Anti-Discrimination Board of New South Wales I request>> that an article on your website, entitled "This is the Kind of Thing You>> Can Expect From the N.S.W. Anti Discrimination Board", posted on 21 May>> 2007 by "Mulligrubs", be removed from the website.>>>> This request is made in accordance with your Posting and Removal Guidelines>> (guidelines) on the basis that it offends those guidelines as well as>> being, in my view, defamatory of officers of the Board.>>>>>>>>>>>> -------------------------------------------------------------------->> mail2web.com – Enhanced email for the mobile individual based on Microsoft®>> Exchange - http://link.mail2web.com/Personal/EnhancedEmail>>>>>> _______________________________________________>> Imc-sydney mailing list - organising list for the sydney Indymedia collective>> List email address:: Imc-sydney at indymedia.org.au>> Change your subscription options here:: http://lists.indymedia.org.au/mailman/listinfo/imc-sydney>>>>>> _______________________________________________> Imc-sydney mailing list - organising list for the sydney Indymedia collective> List email address:: Imc-sydney at indymedia.org.au> Change your subscription options here:: http://lists.indymedia.org.au/mailman/listinfo/imc-sydney

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