On a very serious note, may I comment on the following.

Unfortunately for Sharesguru site administration, being the publisher, while not the author, does not offer protection from litigation against libellous material.
I refer to a particular contributor, Ducati 998, who persitently and consistently has made libellous statements over a number of months, particularly in relation to ASX listed company Ventracor, it's management, The Alfred Hospital and it's staff.

These statements have on numerous occassions been very specific and direct, while being completely unfounded or false, with the sole purpose intended being specifically to damage the reputation and integrity of Ventracor, it's listing on the ASX, and those associated with the company in the current trial being conducted at The Alfred Hospital in Melbourne.

You (the publisher) have published various material from other contributors who have often questioned the legitamacy of the author's statements and yet, unfortunately, you have continued displaying disregard of this being a clear warning sign by continuing to publish unedited, libellous statements from this author.
Many of the statements published have been not only false, baseless and meant for readers to misconstrue facts, but more accurately described as seriously derogatory, blatantly defamatory and libellous.

Aside from what action may be brought against the author by the above parties, as well as regulatory bodies, by continuing to accept and publish material from the author knowingly and unedited, that is evident to contain unfounded, false statements, derogatory and defamatory accusations towards innocent parties, and misleading comments in reference to innocent parties, you are most likely involving yourself in possible litigation brought forward by protective parties.
Being the publisher, while not author, does not bring immunity from possible future legal proceedings against yourselves. Whether these statements be published in a newspaper or website is of no relevance to the law, being substantially of purpose to cause damage to a party's reputation.

It is in the interest of every genuine participant that you not only attend to this matter but make it known to all participants.
You have allowed it to reach a stage where any legal proceedings will have not only abundant evidence to view but also definite grounds to prove negligence, established by way of inaction on the part of the publisher to curtail or prevent such activity originating from the particular author, from being published.

By your previous actions, you have succeeded in ceasing a vaguely similar practice between contributors to the site but you then failed to act to prevent the interests and reputations of outside parties from being damaged, and thereby establishing negligence on your part.

Use good judgement and realise this is free and timely advice, and if you prefer ,or choose to keep publishing material of that nature, I strongly urge you to gain suitable legal advice.
Deletion of this letter may further support evidence of negligence on your part as it is of benefit to all parties that you establish a duty of care by allowing the reading and understanding of this, as a clear warning.

May I also remind you that the target of these libellous statements are highly respected, professional medical staff and consultants, executives representing a public company, The Alfred Hospital, as well as the publicly listed company on the ASX itself, namely, Ventracor.
It is not difficult for any of these parties to establish that the material made public was not a one-off publication nor someone's personal view, but rather a persistent, continuous and demonstrative campaign aimed at damaging the reputation and integrity of Ventracor on the Australian Stock Exchange as well as those entities associated with Ventracor.
Please be aware that none of these entities, individually or collectively, would be lacking funds to pursue the maintenance of their integrity and reputations, and justifiably so.
I can safely advise that any defence prepared against action brought against yourselves, regardless whether successful or unsuccessful, will prove extremely costly.

As part of a possible remedial action in order to help avoid, prevent or stem possible litigation, I strongly suggest all material sourced from the author Ducati 998, or any other pen name from the same source, that is to be published, or has been published, be thoroughly edited and that any statements regarding any of the above parties thought to be false or unfounded, be deleted, or, be required to refer to a source and date, or to be expressed solely as being of the author's opinion. The latter, while distributing responsibility, may still not afford you immunity from possible litigation.

I understand this website operates solely because of the goodness and hard work of a few so I stress that further inaction on your part could likely bring this matter to a serious consequence. I see no reason why, afforded a duty of care, that this website cannot continue. Honest and genuine contribution from all participants is paramount and must be enforced.

I urge you to act cautiously and in a timely manner.


To highlight your position, may I point out the Oxford dictionary interpretation of some terms.

libel-
1. a published false statement that damages a person's reputation

2. the act of publishing it

3. a statement or anything that brings discredit on a person or thing

negligence-
lack of proper care or attention, carelessness.

publisher-
a person or firm that issues copies of a book or newspaper etc. to the public
unquote.

Perhaps you should seek some advice on what action to take here, and get in touch with RS.
I replaced post with " Posted: Fri May 14, 2004 1:48 pm Post subject: On a very serious note

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Rock Steady,