i would take a guess that the claim being made by mysticweb.org is a defamation of character one. If this is the case and according to the high court of austrailia where i believe both myticweb and astralpulse work out of, the moderator or administrator of the forum can be sued for allowing the defamation of character to be viewed publically. If you do a search on a topic in the forums at astralpulse in google you will find that the forums are public.
Currently free speech isnt exactally freespeech but involves a legal balance between information that is exchanged for or against an individual's interest in protecting his/her reputation against slander. Slander is a report about someone that is not true and causes some kind of harm or damage to the person's reputation. I can see how mystiweb would be able to conjure up a prosecution showing damage to reputation based on what was said in the forums, but i do not see how they can prove that what was said is false. It takes more than just damage to reputation to win a defamation of character lawsuit, you have to be able to prove that the slander is not true otherwise it is not slander, and you end up getting a washed out case. This proving the truth of the slander part of the equation would be VERY hard for the prosecution(mysticweb) to take advantage of and VERY easy for the defence(astralpulse) to benefit from. On the flip side of the coin it would aslo be hard for astralpulse to prove that the slander is true.
So in the end we have a case in which the prosecutors cant prove the slander is false, and a defence that cant prove the slander is true.
Currently free speech isnt exactally freespeech but involves a legal balance between information that is exchanged for or against an individual's interest in protecting his/her reputation against slander. Slander is a report about someone that is not true and causes some kind of harm or damage to the person's reputation. I can see how mystiweb would be able to conjure up a prosecution showing damage to reputation based on what was said in the forums, but i do not see how they can prove that what was said is false. It takes more than just damage to reputation to win a defamation of character lawsuit, you have to be able to prove that the slander is not true otherwise it is not slander, and you end up getting a washed out case. This proving the truth of the slander part of the equation would be VERY hard for the prosecution(mysticweb) to take advantage of and VERY easy for the defence(astralpulse) to benefit from. On the flip side of the coin it would aslo be hard for astralpulse to prove that the slander is true.
So in the end we have a case in which the prosecutors cant prove the slander is false, and a defence that cant prove the slander is true.