Examiner.com: High Standards or Irresponsible?

CONTINUES TO ALLOW WRITER OF LIBEL TO PUBLISH

by Sharon Rondeau

The Post & Email was incorporated in the state of Wyoming on January 28, 2010

(Feb. 26, 2011) — The Post & Email has received a second response from the legal staff of Examiner.com following publication of numerous articles by writer Bill Bowman, who labeled this publication “propagandist” and its editor a “racist pig.”

Our initial email and telephone complaints to Examiner.com were not answered.  Two phone calls made to The Anschutz Corporation, parent company of Examiner.com, in which we were transferred to someone named Deb Shinbein where we left voice messages, were not returned.

Following the removal of four postings of Bowman’s which contained libel, Bowman resumed publishing similar articles about The Post & Email, at least one of its contributors, and its editor which contained taunts and false statements.  We subsequently filed a second complaint with Examiner.com.  After 48 hours without a response, we filed a complaint with the FBI.

Examiner.com responded on February 25, 2011 to our second complaint:

Ms. Rondeau,

After reviewing your email, we found additional articles by Mr. Bowman that appear to violate our Terms of Use, and such articles were removed from our website on February 25, 2011.  Mr. Bowman was notified of your complaint.

As stated in our prior email to you, contributors to our website are independent contractors and solely liable for the content they publish.  While we will continue to review complaints regarding articles appearing on our website for violations of our Terms of Use, matters regarding an author’s personal blog should be sent directly to the owner of the blog.

Please be aware that our search is provided by Google. The information provided by Google in our search results is managed through their proprietary system, which mirrors what one would see if one went to Google.com and did a search there.  Google maintains a history of everything it indexes for a certain period of time. This is referred to as a “cache.” Examiner.com has zero access to control the information retained by Google, even on the site search on Examiner.com.  Over the course of time, Google updates the cache and it will reflect changes to the information within and then display those on the search results. When we delete an article or make a change to something on the site, it will take a little while for that change to be reflected in the Google.com results–this can take several days, or a couple of hours, depending on Google’s crawl rate.

Best regards,

Examiner.com

To which we replied:

Hello, Sir or Madam:

Thank you for your response.  I understand how Google Cache works and that you do not have control over it.  I mentioned it because every libelous article put out by Bowman or anyone else will remain visible to anyone looking for it.  That is actually a benefit to me for the legal action I am initiating.

While you state that each writer is an independent contractor, if you have the ability to remove the articles which you review and deem violate your Terms of Use, then you have the ultimate decision-making power over all of the material published on your website and are therefore responsible for those whom you allow to break the law.  I am sure that any good attorney will agree with that premise.  You have the option to prohibit Bowman or anyone else who violates your Terms of Use from writing at your website.  What is the purpose of having a Terms of Use if you allow people to repeatedly disregard them?

As far as I know, Mr. Bowman cannot be reached by public email.  The only means he has provided for contact is “through the Examiner.”  However, none of the emails I have sent to the Examiner general mailbox have been answered.  Bowman is therefore hiding behind your company name.

Since you apparently do not have the resolve to bar him from publishing articles at your site, I will move forward with my complaint filed with the FBI earlier this week and through private legal counsel against Bowman and you as his host publisher.

Your standards are not nearly as high as Atty. Jennifer Osler represented if you knowingly allow libelous activity to be posted on your website.

Sharon Rondeau
Editor
The Post & Email, Inc.
www.thepostemail.com
editor@thepostemail.com

2 Responses to "Examiner.com: High Standards or Irresponsible?"

  1. tuxkabin   Sunday, February 27, 2011 at 9:28 PM

    A waste of time and money Soros owns the FBI.

  2. Harry H   Saturday, February 26, 2011 at 1:22 PM

    A lawsuit could turn out to be very interesting if, in the course of events, evidence is presented to a judge and jury pertaining to Obama’s eligibility. This would certainly be a back door, but a door nevertheless.

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