Expresso Drive Through, a drive-through coffee outlet in Murrumbeena, has apparently threatened me with a lawsuit for defamation if I don’t remove my post regarding their company (which said, among other things, that they serve bad coffee).
Rather than email me or send me a nasty letter, their threat is in a comment left on my About page. Here it is, in full:
“without prejudice”
NOTICE OF INTENTION TO BEGIN LEGAL PROCEEDINGS.
IF THE DEFAMATION REGARDING EXPRESSO DRIVE THRU IN MURRUMBEENA IS NOT REMOVED FROM YOUR WEBSITE WITHIN 7 DAYS (BY 27/2/2008) WE WILL BE TAKING LEGAL ACTION AGAINST YOU FOR DAMAGES AND ALSO OBTAINING A COURT ORDER TO HAVE IT REMOVED.
IF YOU WISH TO CONTACT US TO DISCUSS PLEASE PHONE US ON (03) 9939 0830.
BEST REGARDS,
It ends at the comma.
I highly doubt that they intend to sue me, particularly not after reading this post.
Why? Because, first of all, it is quite common for companies to threaten to sue when they have no intention of following through, in order to silence critics.
Second of all, defamation is notoriously hard to prove in the courts. It would cost probably hundreds of thousands of dollars in legal fees to pursue the case. All this, against a blog that almost nobody reads? Come on!
Thirdly, most companies cannot now sue for defamation under Australian defamation law, after a law change of a few years ago.
I don’t know about you, but I despise the tactic of empty legal threats. For this reason, the post - and this one - shall remain on the site.
What do you think? I encourage you to state your opinion, both on this blog, and by contacting Expresso Drive Thru.
You can contact them at the phone number above, or by emailing expressodrivethru@hotmail.com.
ALL PUBLICITY IS GOOD PUBLICITY: Expresso’s hot chocolates are the worst ever, according to a commenter at the Melbourne Victory Forum, where a kind soul has started a thread about this topic.
MORE READING: Another idiotic legal threat from discount card company 22 Percent Off. Also read my post about defamation law.
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