From: Niel Humphreys on
Just saw this posted in another forum, might make people think twice about
doing a 'Spacker' now that a precedent has been set and it may not be so
safe to hide behind anonymous log ins.....

-------------------------------------------------------------
RNS Number : 7262Q
Nighthawk Energy plc
09 August 2010

Nighthawk Energy plc

("Nighthawk" or "the Company")

Bulletin Board Legal Action

The board of directors of Nighthawk, the US focused hydrocarbon production
and
development company, is pleased to advise of action that has been taken and
is
continuing in response to persistent defamatory and untrue postings on the
Interactive Investor Trading Limited ("iii") and ADVFN plc ("ADVFN")
bulletin
boards. The postings concern the operations of Nighthawk and its management
which the board considers to be extremely damaging to the Company and its
reputation.

The Company took steps to identify the posters who try to escape liability
for
their defamatory postings by hiding behind a cloak of anonymity, using
anonymous
email, social networking or bulletin board accounts to disseminate those
postings. In some cases the names and other details used to register these
accounts are fictitious and posters also can try and cover their tracks
using
numerous pseudonyms but they can be traced through their IP addresses.

The operators of the bulletin board services can be prevented by
confidentiality
and data protection laws from disclosing the names and other personal
information associated with the accounts. However, the English Courts can
exercise their discretion and order such disclosure, provided certain
criteria
are met.

In the High Court of Justice on 28 June 2010 Nighthawk obtained a Norwich
Pharmacal order instructing iii and ADVFN to provide information in respect
of
various posters, who were posting material that the Court accepted could be
defamatory.

Both iii and ADVFN are assisting the Company with providing the relevant
information including details of the posters.

The identities of various individuals behind these postings have now been
established and the Company and its directors are now considering with their
legal advisers instituting civil proceedings against them for defamation.

Further announcements will be made as appropriate.


From: Fran on

"Niel Humphreys" <admin(a)sznzozwdzoznzczozmzpzuztzezrzs.co.uk> wrote in
message news:i3oh45$ti$1(a)news.eternal-september.org...
> Just saw this posted in another forum, might make people think twice about
> doing a 'Spacker' now that a precedent has been set and it may not be so
> safe to hide behind anonymous log ins.....
>
> -------------------------------------------------------------
> RNS Number : 7262Q
> Nighthawk Energy plc
> 09 August 2010
>
> Nighthawk Energy plc
>
> ("Nighthawk" or "the Company")
>
> Bulletin Board Legal Action
>
> The board of directors of Nighthawk, the US focused hydrocarbon production
> and
> development company, is pleased to advise of action that has been taken
> and is
> continuing in response to persistent defamatory and untrue postings on the
> Interactive Investor Trading Limited ("iii") and ADVFN plc ("ADVFN")
> bulletin
> boards. The postings concern the operations of Nighthawk and its
> management
> which the board considers to be extremely damaging to the Company and its
> reputation.
>
> The Company took steps to identify the posters who try to escape liability
> for
> their defamatory postings by hiding behind a cloak of anonymity, using
> anonymous
> email, social networking or bulletin board accounts to disseminate those
> postings. In some cases the names and other details used to register these
> accounts are fictitious and posters also can try and cover their tracks
> using
> numerous pseudonyms but they can be traced through their IP addresses.
>
> The operators of the bulletin board services can be prevented by
> confidentiality
> and data protection laws from disclosing the names and other personal
> information associated with the accounts. However, the English Courts can
> exercise their discretion and order such disclosure, provided certain
> criteria
> are met.
>
> In the High Court of Justice on 28 June 2010 Nighthawk obtained a Norwich
> Pharmacal order instructing iii and ADVFN to provide information in
> respect of
> various posters, who were posting material that the Court accepted could
> be
> defamatory.
>
> Both iii and ADVFN are assisting the Company with providing the relevant
> information including details of the posters.
>
> The identities of various individuals behind these postings have now been
> established and the Company and its directors are now considering with
> their
> legal advisers instituting civil proceedings against them for defamation.
>
> Further announcements will be made as appropriate.

The only reason this one has worked - if indeed it has - is that it may be
shown to have caused serious and material commercial harm by talking down
the share price. It's called market abuse and only applies to share price
impacts.

I very much doubt it would have any credence or be counted as reasonable in
English/Welsh law where someone has admitted to an action and then gets
called out for it, for example.


From: Niel Humphreys on
"Fran" <autumnacorn(a)vendredi.fr.com> wrote in message
news:i3oj46$85r$1(a)news.eternal-september.org...
>
> "Niel Humphreys" <admin(a)sznzozwdzoznzczozmzpzuztzezrzs.co.uk> wrote in
> message news:i3oh45$ti$1(a)news.eternal-september.org...
>> Just saw this posted in another forum, might make people think twice
>> about doing a 'Spacker' now that a precedent has been set and it may not
>> be so safe to hide behind anonymous log ins.....
>>
>> -------------------------------------------------------------
>> RNS Number : 7262Q
>> Nighthawk Energy plc
>> 09 August 2010
>>
>> Nighthawk Energy plc
>>
>> ("Nighthawk" or "the Company")
>>
>> Bulletin Board Legal Action
>>
>> The board of directors of Nighthawk, the US focused hydrocarbon
>> production and
>> development company, is pleased to advise of action that has been taken
>> and is
>> continuing in response to persistent defamatory and untrue postings on
>> the
>> Interactive Investor Trading Limited ("iii") and ADVFN plc ("ADVFN")
>> bulletin
>> boards. The postings concern the operations of Nighthawk and its
>> management
>> which the board considers to be extremely damaging to the Company and its
>> reputation.
>>
>> The Company took steps to identify the posters who try to escape
>> liability for
>> their defamatory postings by hiding behind a cloak of anonymity, using
>> anonymous
>> email, social networking or bulletin board accounts to disseminate those
>> postings. In some cases the names and other details used to register
>> these
>> accounts are fictitious and posters also can try and cover their tracks
>> using
>> numerous pseudonyms but they can be traced through their IP addresses.
>>
>> The operators of the bulletin board services can be prevented by
>> confidentiality
>> and data protection laws from disclosing the names and other personal
>> information associated with the accounts. However, the English Courts can
>> exercise their discretion and order such disclosure, provided certain
>> criteria
>> are met.
>>
>> In the High Court of Justice on 28 June 2010 Nighthawk obtained a Norwich
>> Pharmacal order instructing iii and ADVFN to provide information in
>> respect of
>> various posters, who were posting material that the Court accepted could
>> be
>> defamatory.
>>
>> Both iii and ADVFN are assisting the Company with providing the relevant
>> information including details of the posters.
>>
>> The identities of various individuals behind these postings have now been
>> established and the Company and its directors are now considering with
>> their
>> legal advisers instituting civil proceedings against them for defamation.
>>
>> Further announcements will be made as appropriate.
>
> The only reason this one has worked - if indeed it has - is that it may
> be shown to have caused serious and material commercial harm by talking
> down the share price. It's called market abuse and only applies to share
> price impacts.
>
> I very much doubt it would have any credence or be counted as reasonable
> in English/Welsh law where someone has admitted to an action and then gets
> called out for it, for example.

This was not a one off, The Times also won a court action to disclose the
identity of a blogger they were doing an atricle on a while back. The judge
then rules that anonymous posters making any kind of accusatory if
inflamatory post on the internet were no longer *entitled* to remain
anonymous. I can't find the link as it was a while back but I imagine this
action was brought on the back of that previous ruling.


From: michael adams on

"Niel Humphreys" <admin(a)sznzozwdzoznzczozmzpzuztzezrzs.co.uk> wrote in message
news:i3oh45$ti$1(a)news.eternal-september.org...
> Just saw this posted in another forum, might make people think twice about
> doing a 'Spacker' now that a precedent has been set and it may not be so
> safe to hide behind anonymous log ins.....
>
> -------------------------------------------------------------
> RNS Number : 7262Q
> Nighthawk Energy plc
> 09 August 2010


I'd get in some more practice on dead people before moving onto the more
complicated stuff, if I were you chum.




michael adams

....


From: Fran on

"Niel Humphreys" <admin(a)sznzozwdzoznzczozmzpzuztzezrzs.co.uk> wrote in
message news:i3okck$cnl$1(a)news.eternal-september.org...
> "Fran" <autumnacorn(a)vendredi.fr.com> wrote in message
> news:i3oj46$85r$1(a)news.eternal-september.org...
>>
>> "Niel Humphreys" <admin(a)sznzozwdzoznzczozmzpzuztzezrzs.co.uk> wrote in
>> message news:i3oh45$ti$1(a)news.eternal-september.org...
>>> Just saw this posted in another forum, might make people think twice
>>> about doing a 'Spacker' now that a precedent has been set and it may not
>>> be so safe to hide behind anonymous log ins.....
>>>
>>> -------------------------------------------------------------
>>> RNS Number : 7262Q
>>> Nighthawk Energy plc
>>> 09 August 2010
>>>
>>> Nighthawk Energy plc
>>>
>>> ("Nighthawk" or "the Company")
>>>
>>> Bulletin Board Legal Action
>>>
>>> The board of directors of Nighthawk, the US focused hydrocarbon
>>> production and
>>> development company, is pleased to advise of action that has been taken
>>> and is
>>> continuing in response to persistent defamatory and untrue postings on
>>> the
>>> Interactive Investor Trading Limited ("iii") and ADVFN plc ("ADVFN")
>>> bulletin
>>> boards. The postings concern the operations of Nighthawk and its
>>> management
>>> which the board considers to be extremely damaging to the Company and
>>> its
>>> reputation.
>>>
>>> The Company took steps to identify the posters who try to escape
>>> liability for
>>> their defamatory postings by hiding behind a cloak of anonymity, using
>>> anonymous
>>> email, social networking or bulletin board accounts to disseminate those
>>> postings. In some cases the names and other details used to register
>>> these
>>> accounts are fictitious and posters also can try and cover their tracks
>>> using
>>> numerous pseudonyms but they can be traced through their IP addresses.
>>>
>>> The operators of the bulletin board services can be prevented by
>>> confidentiality
>>> and data protection laws from disclosing the names and other personal
>>> information associated with the accounts. However, the English Courts
>>> can
>>> exercise their discretion and order such disclosure, provided certain
>>> criteria
>>> are met.
>>>
>>> In the High Court of Justice on 28 June 2010 Nighthawk obtained a
>>> Norwich
>>> Pharmacal order instructing iii and ADVFN to provide information in
>>> respect of
>>> various posters, who were posting material that the Court accepted could
>>> be
>>> defamatory.
>>>
>>> Both iii and ADVFN are assisting the Company with providing the relevant
>>> information including details of the posters.
>>>
>>> The identities of various individuals behind these postings have now
>>> been
>>> established and the Company and its directors are now considering with
>>> their
>>> legal advisers instituting civil proceedings against them for
>>> defamation.
>>>
>>> Further announcements will be made as appropriate.
>>
>> The only reason this one has worked - if indeed it has - is that it may
>> be shown to have caused serious and material commercial harm by talking
>> down the share price. It's called market abuse and only applies to share
>> price impacts.
>>
>> I very much doubt it would have any credence or be counted as reasonable
>> in English/Welsh law where someone has admitted to an action and then
>> gets called out for it, for example.
>
> This was not a one off, The Times also won a court action to disclose the
> identity of a blogger they were doing an atricle on a while back. The
> judge then rules that anonymous posters making any kind of accusatory if
> inflamatory post on the internet were no longer *entitled* to remain
> anonymous. I can't find the link as it was a while back but I imagine this
> action was brought on the back of that previous ruling.

I suppose we'll have that old fool TOG along any minute claiming he's still
"building a case".

I don't recall the Times case and I can't find it anywhere. I doubt it was
the same grounds, as this one was brought on market abuse, which has long
been a sin.