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不懂法律,怂是正常的。不懂就查,查类似case,了解自己的权利,不要轻易被吓到。
先放结论,你是正常的陈述了自己的经历,不是恶意报复无中生有,不会有问题,对方没办法告赢你,也不会告你-成功几率太小。你的case,是对方要证明你是主观恶意摧毁对方reputation,不是你要证明你看到的。
举例,你去餐厅吃东西,不新鲜,拉肚子了,你给了个差评,说你吃的不新鲜,并且拉肚子了,你觉得不好。你觉得餐厅告你,你需要提供当时的食品,证明不新鲜,提供GP记录?
另外如果你是恶意报复,除非你电脑够好,开vpn查不到你,否则照样被抓。参考smilesolution告恶意诽谤顾客的case。
附恶意诽谤法规定
According to HHG Legal Group, to successfully make a defamation claim, the business will have to establish the following in Court:
The comment is ‘defamatory’ - that is, the comment must damage the business’s reputation in the eyes of the public;
The defamatory comment was published to at least one other person (not including the defamed business); and
The defamatory comment identifies the defamed business.
For a small business to be successful in mounting a defamation case, it will have to prove that the published material was not the honest opinion of the reviewer, or that the reviewer was acting maliciously. In other words, the reviewer’s intention must have been to damage the reputation of the business. Unfortunately, malicious reviewers often betray this very intention with extreme language and repeated targeting of a particular business.
If you're writing a review with the purpose of trying to ruin the reputation of a business then that could land you in hot water. But if you're writing a truthful, honest review about your experience, then you're well within your right to do so. |
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