Do I need a disclaimer?

Discussion in 'Legal Issues' started by AuctionFreak, Jul 15, 2007.

  1. #1
    I run a review site where I offer my views on products. Some good & some bad, I try to be honest and tell it how it is. Do i need a disclaimer on the site to report that this is my personal opinion & you should proceed at your own risk, also protecting me from any product owners in instances where i've done a bad but fair review.

    If so, can anyone point me towards a relevant disclaimer. I'm based in the UK, but the site is hosted in the US
     
    AuctionFreak, Jul 15, 2007 IP
  2. Spartan_Strategy

    Spartan_Strategy Peon

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    #2
    in the legal world it;s better to be safe than sorry. If you THINK you need one you probably do.
     
    Spartan_Strategy, Jul 15, 2007 IP
  3. WebdevHowto

    WebdevHowto Peon

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    #3
    WebdevHowto, Jul 15, 2007 IP
  4. CountryBoy

    CountryBoy Prominent Member

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    #4
    I reiterate Spartan_Strategy's comment that it is better safe than sorry - just a few lines saying that the reviews are your own comments based on your experience of the products tested will do the trick.
     
    CountryBoy, Jul 16, 2007 IP
  5. The Pheonix

    The Pheonix Banned

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    #5
    Yes you do need a disclaimer if you want to avoid being held liable for the content you publish. If you don't you as the platform for any libelous comments etc are likely to be held liable. It ain't the person saying it kind of thing its the paper that publishes it.

    Always go for a disclaimer, safest way. ;)
     
    The Pheonix, Jul 16, 2007 IP
  6. Sleepy_Sentry

    Sleepy_Sentry Well-Known Member

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    #6
    I don't think you need a disclaimer, but it's always nice to have one. I used to run a review website and didn't have one. Companies should expect both good and bad reviews when they send products out to websites.
     
    Sleepy_Sentry, Jul 16, 2007 IP
  7. The Pheonix

    The Pheonix Banned

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    #7
    If you want to give yourself some level of protection you must have a disclaimer in place. Dont' take this the wrong way but just because you never used one and got away without having any problems was down to luck rather than anything. You should always err on the side of caution don't you think. :)
     
    The Pheonix, Jul 17, 2007 IP
  8. Sleepy_Sentry

    Sleepy_Sentry Well-Known Member

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    #8
    Disclaimers are good to have, but you don't need one for a review site stating that reviews are personal opinions and could be negative or positive. That is understood. Of course, if my site were Cnet or something like that I would have a disclaimer.

    To the OP, you cannot be sued for giving a negative review, so long as you are truthful.
     
    Sleepy_Sentry, Jul 17, 2007 IP
  9. Phaethon

    Phaethon Peon

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    #9
    Best to have a disclaimer, yes. It's not that big of a deal, just make a simple html page on your site, and link to it in the footer that way it isn't ugly and all over your site, but at least you can say it's there :p
     
    Phaethon, Jul 17, 2007 IP
  10. Dave Zan

    Dave Zan Well-Known Member

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    #10
    One definitely can be sued, whether it's frivolous or not.

    A disclaimer is not some magic shield to stop someone from suing you for what
    not. However, a "properly-worded" one can aid in your legal defense.
     
    Dave Zan, Jul 17, 2007 IP
  11. uniqueasitis

    uniqueasitis Peon

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    #11
    Not if you liver where I am. You can't be sued! cool eh...
     
    uniqueasitis, Jul 17, 2007 IP
  12. The Pheonix

    The Pheonix Banned

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    #12
    A review site stating quote you "that reviews are personal opinions and could be negative or postive" is a disclaimer of sorts in itself. Your absolutely wrong that he can't get sued if he doesn't put a disclaimer there, as the platform for any defamitory remarks he certainly can.

    @OP; Always issue a disclaimer, it takes little room up and covers you just in case.
     
    The Pheonix, Jul 18, 2007 IP
  13. tjosemon

    tjosemon Banned

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    #13
    prevention is better than cure.
    what do you have to loose by putting a tiny little disclaimer ????
    go ahead put one.
     
    tjosemon, Jul 19, 2007 IP
  14. smartinvestor

    smartinvestor Peon

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    #14
    smartinvestor, Jul 19, 2007 IP
  15. mobyme

    mobyme Peon

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    #15
    Definitely use a disclaimer; on a slightly different note I think it is important for two people to carry out a review and to publish your joint experiences. I think this results in a far fairer review and one that will carry more weight with your users.
     
    mobyme, Jul 21, 2007 IP
  16. kkthxbye

    kkthxbye Peon

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    #16
    Yes, definatly for a reviews site, you need to state (if the reviews are submitted by users) that you do not agree with what users are saying, you could be sued for slander.
     
    kkthxbye, Jul 23, 2007 IP
  17. The Pheonix

    The Pheonix Banned

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    #17
    So the general consenus is YES. :)
     
    The Pheonix, Jul 23, 2007 IP
  18. psyberweb

    psyberweb Peon

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    #18
    yeah definitely with the site your running, your reviews might destroy one's company image if your review gets to the media and your dead! better be safe...
     
    psyberweb, Jul 23, 2007 IP
  19. pkarun

    pkarun Peon

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    #19
    Seems nice site. I will try to add this disclaimer to my blog.
     
    pkarun, Jun 26, 2010 IP
  20. iTube

    iTube Active Member

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    #20
    An ounce of prevention is a ton of cure.

    Putting a disclaimer page is probably a very easy task and will definitely help you specially you have a review site. I agree that you will never be sued if you write factual articles but sometimes even a single word on your article can lead to arguments. Do have one, it will only take you mins to get it done.
     
    iTube, Jun 26, 2010 IP