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4:47 pm
May 4, 2011
A gripe site is a popular tool for citizens to express their views about political policies and corporate activities. A gripe site can be a useful way for businesses to obtain consumer feedback and improve their business practices. Conversely a gripe site set up by a dissatisfied consumer can potentially cause serious economic damage to a small business. Although honest critique and commentary is justifiable as 'freedom of expression', which is affirmed by s 14 of the New Zealand Bill of Rights Act 1990, freedom of expression is not an absolute right and must be balanced against other competing legal rights.
Controversial issues around gripe sites highlight the uncertainties. They include:- the display of a trade mark on a gripe site or its use in the gripe site domain name (is this an infringement if the gripe site is not set up for a commercial purpose?); the use of copyright material on a gripe site (is this permitted under fair dealing exceptions?); if a gripe site is set up for a dishonest or unfair purpose, what recourse might its business target have?
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