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Old 10-06-2008, 14:12   #8538
Privacy_Matters
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Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]

Quote:
Originally Posted by AlexanderHanff View Post
I got an email this evening. Emma is "disappointed" that I have declined to remove the comments about them misleading ICO and has stated they will continue to monitor the situation. No more talk of legal action. So yes basically it would seem BT were indeed trying to menace me. I will look into this but I am sure there is something in the law with regards to threatening someone with legal action if you never intend to follow through with the threat.

Alexander Hanff
Maybe this will help:

2 Offer to make amends

(1) A person who has published a statement alleged to be defamatory of another may offer to make amends under this section.


and;

3 Accepting an offer to make amends

(2) The party accepting the offer may not bring or continue defamation proceedings in respect of the publication concerned against the person making the offer, but he is entitled to enforce the offer to make amends, as follows.


http://www.opsi.gov.uk/Acts/acts1996..._en_1#pb2-l1g3

It seems to me that BT hilighted the issue; you offered to sort; they accepted; Chapter closed - however you must ensure that you live up to your promise (which we have no doubts you will).

Anyone with more legal experience, and object to this view, please respond.
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