Let’s say I filed FSC and MOI complaints about this issue and wanted to encourage others to do the same. Would posting details of these complaints online have the potential to cause legal problems?
The content in question would be nothing intended to be slanderous but rather an honest representation of the facts as I see them and carefully written statements of opinion (e.g., “I believe that this violates…” rather than “This violates…”), including the e-mails I’ve sent and the actual complaints. It wouldn’t include received e-mails because Taishin Bank uses an e-mail footer saying that disclosure or dissemination is “strictly prohibited and illegal” and “may result in civil or criminal liability” (I’m not sure how enforceable that is, but anyway).
It’s probably safer to just report that I’ve made the complaints and what the legal basis is and say that people are welcome to PM me if they’d like to do the same and want more info, right?
I believe that’s referring to if the email was opened by an unintended recipient who shared the email. Say for example someone hacked your email and posted it
We are talking about a big bank. So they are expected to have thicker skin and a much higher tolerance to slander than a small coffee shop. Kind of like if I talked bad about a politician vs a regular person.
Also the content is in regards to a genuine complaint your are making to a government body… it’s not some one star review on yelp.
It’s really up to you on what to post. However I couldn’t imagine any legal problems occurring from this little spat you’re having. Especially as it’s an “honest” opinion and “honest” account of the problem.
Lastly… imagine how it would look if a bank tried to sue a foreigner for slander when he was going to the FSC and MOI
However… it is really up to you and nobody has a say in your decision or not.
As the other OP said, posting a complaint to a government body per se is not a much of a privacy violation (ofc need to pay attention to any sensitive data contained therein), but it is up to the poster’s judgement whether to share or not.
It’s actually broader in this case and they seem to prohibit any public disclosure. Again, I’m not sure how enforceable that is, but I’d prefer not to find out:
This mail and any attachments may contain confidential or non-public information. Any disclosure, dissemination or copying of this mail without the sender’s consent is strictly prohibited and illegal. If you are not the intended recipient or receive it accidentally, please immediately notify the sender by mail or telephone and delete the e-mail and any attachments from your computer system and mail server. Thank you for your cooperation.
[…] Unless otherwise agreed by [bank], the content of this mail or any information hereof should not be in any form used, copied, remade, downloaded, publicized or disclosed to others. In the event that you are not the addressee, please advise the sender or related personnel and delete this mail or any other backup in your computer system. We hereby advise you that any unauthorised action mentioned above may result in civil or criminal liability. Thank you for your kind cooperation.
My feeling is that it’s better to redact that specific e-mail, but it’s probably fine to make public details of anything I’ve written myself.
Just to make it clear, I’m not concerned about the aspect of reporting to the government per se (I’ll just include everything there, including the e-mail), but rather whether publicly posting details of the complaint at the same time would be permissible or if it’s a stupid idea.
It might be unnecessary in any case (I haven’t decided yet). I imagine you’ll see on Facebook if and when I do post anything.
Not legal advice, as this was told by officials in person without actual proof of law presented. To that I can say, often times government officials themselves do not know the current actual law.
that said I h e been told, over multiple.meetings, with the following agencies that it is Ok to record (for court) but absolutely not ok.to post publicly. given that courts do not allow you to record your own case either, I take this as likely true. but ha ent checked the actual.laws yet.
Social services (custody related)
Immigration (deportation, legal issues, custody and work)
various police (they are basically cunty morons)
For the purposes I was asking, I decided to redact a couple of parts and assume, possibly incorrectly, that the rest, when worded carefully, was protected under Articles 310 and 311 of the Criminal Code, on the basis of me believing it to be demonstrably true, related to a matter subject to public criticism, and necessary for the protection of legal interest (emphasis added):
A person who points out or disseminates a fact which will injure the reputation of another for purpose that it be communicated to the pubic commits the offense of slander and shall be sentenced to imprisonment for not more than one year, short-term imprisonment, or a fine of not more than fifteen thousand dollars.
A person who by circulating a writing or drawing commits an offense specified in the preceding paragraph shall be sentenced to imprisonment for not more than two years, short-term imprisonment, or a fine of not more than thirty thousand dollars.
A person who can prove the truth of the defamatory fact shall not be punished for the offense of defamation unless the fact concerns private life and is of no public concern.
A person who makes a statement with bona-fide intent under one of the following circumstances shall not be punished:
Self-defense, self-justification, or the protection of legal interest
A report made by a public official in his official capacity
Fair comment on a fact subject to public criticism
Fair report on the proceedings of a national or local assembly, court, or a public meeting
There’s a judicial interpretation discussing some of that too:
that says it right there, dunnit! laws made to allow everyone to be guilty.
first. a recording is not an attempt to prove a thing, rather simply just a recording. so its nonsensical in this realm.
second. they call it an offense already…lol. basically guilty until proven innocent.
third. private life and.public ckncern applies to nearly 99.9999% of everything hahahaha…
so far it seems the one on one advice given repeatedly over the years across various government agencies is quite accurate. dont do it. make a wave, expect to get smashed into the rocks! be ready to fight…anyone that is ready to die on that hill, I have the highest respect for. that’s how laws get changed. but it seems like an all or nothing type deal sometimes. fight hard, easier to make them cowards early on. the long haul is exhausting.
Just to be clear, I wasn’t talking about recordings. I said “reporting” at least once - maybe you misread that?
The thread is over a month old now, but I was asking about the legality of posting details of the complaint online, to try and get more people to complain. I don’t think most foreigners living here give a toss though. Too bloody lazy.
Indeed, fair enough. I was originally responding to the title.of the thread: “posting”. which seems to be a possible big nono. the key point being openly public. privately, it seems, anything goes.
I think there are good reasons to retain at least a basic level of anonymity online so that we can publicly shit talk crap shoot government systems openly without getting right screwed. but to be fair, the government rarely goes after people. it seems more a personal/private sector lawsuits fetish here. governments are quite happy enough to do less work, despite them constantly making more work for everyone