At this point, it wouldn't be a bad idea for the website owner as well as other posters to consider what actually constitutes libel, slander and defamation. The latest installment involves a collection agent threatening to sue the forum for slander. Actually, slander refers to injury incurred by oral means, whereas libel refers to harmful statements made in the media. Thus it's actually libel the latest aggieved visitor, Mr. Wettlaufer, is referring to.
Canadian law isn't exactly the same as US law, and so I thought it would be helpful to list one of the many links explaining what principles are involved. The one below comes from the Toronto downtown law firm of David Potts, and includes a section on the emerging field of cyber libel lawsuits.
http://www.cyberlibel.com/libel.html#Number%208
It's worth studying because we all have to be careful what we say on the web. Besides, the forum owner, posters could also be held responsible for any careless remarks.
As per the link above:
In a libel action, the plaintiff must prove three elements of the tort of libel:
1) The statement has been made to a third party.
2) The statement referred to the plaintiff. (This does not mean that the statement has to refer expressly to the plaintiff. A statement can be actionable if it is reasonably capable of referring to the plaintiff).
3) The statement must be defamatory, which means that it must be a false statement to the plaintiff's discredit.
DEFENCES TO LIBEL
There are three principal defences to an action for libel:
1) Truth/justification. The defendant will succeed if they can substantially justify or prove the truth of the "sting" of the offending statements. Close analysis of the defamatory statement will avoid launching an ill-considered lawsuit.
2) Fair Comment. This defence will succeed if it can be shown that the statement is comment on facts truly stated. It can be defeated by evidence of malice.
3) Qualified privilege. This is a complicated legal defence and its application varies with the circumstances.
Note that 3 elements are necessary to constitute a tort, while only one is necessary for a valid defence.
In this particular case, I was careful to ensure that I was merely transcribing facts contained in a public communication by the Ministry of Consumer Protection. And, furthermore, I diligently checked that I had the correct person by contacting his employer, as well as asking him in writing if he was the same individual. The collection agent chose not to answer any of those questions, but it was impossible to do more to corroborate the facts.
The action could not be construed as malicious as it involved a matter concerning the public good; to wit: the screening of collection licenses to unqualified individuals who are entrusted with the transfer of large amounts of money from the public.
In this instance, the mere fact that what was being reported was completely true would constitute a perfect defence to any suit launched by the angered collector, who would then be also responsible for the defendant's legal expenses as well as his own.