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Negative feedback removed
What’s the point of leaving feedback, if when a negative one is left it gets removed, without even eBay notifying you? Just as eBay probably has the right to take it down (the comment was not defamatory), I believe I also have the right to be notified, and to know where I went wrong. Otherwise... You can’t write nice words if the purchase wasn’t satisfactory.
11 comments
marioelegio
Mentore3 years agoThere are some qualifying limits in the presence of which the right to criticize falls within the requirements of art. 51 of the Criminal Code. These limits consist of the correctness of the expressions used, truthfulness of the facts reported and relevance to the reality of the situation, and restraint.
To avoid falling into defamation, negative feedback:
The limits are those of the crime of aggravated defamation under art. 595, third paragraph, of the Criminal Code in terms of the offense caused “by any other means of publicity” also other than the press, but potentially capable of reaching an indeterminate (or in any case quantitatively appreciable) number of people.
For the existence of the subjective element under art. 595 of the Criminal Code, “the animus iniurandi vel diffamandi is not required, since generic intent is sufficient and may also take the form of eventual intent” in the crime of defamation it is sufficient that thegeneric intent exists, that is, the awareness of the acting subject of harming another’s reputation and the will for that harm (the buyer’s subjective judgment, unproven but based only on his individual experience) to become known to more than one person.
hello
mario
marioelegio
Mentore3 years agoI add that it is an offense prosecutable only upon complaint by the injured party, and almost always removing the comment is enough to be “forgiven” under art. 131 cp for the insignificance of the act committed.
In the event of reports, ebay is obliged to delete potentially defamatory feedback: When the site operator learns that objectively disparaging content has been published by third parties and does not promptly take action to remove such content, it ends up making it its own and therefore engaging in further defamatory conduct, which consists in having allowed, precisely by using its web-log, the further dissemination of the same defamatory statements.
hi
mario
marioelegio
Mentore3 years agoSome of the negative feedback you left has remained. Not all of it was fully compliant and some would have been deleted, at the seller's request.
....poor organization.... ..... I really consider this unfair.
Feedback must be limited to describing the transaction; you cannot make judgments about the seller.
hi
mario
alidoro1962
OP3 years agoIs poor organization an insult? I really don't think so!
You can't agree to a condition, and then change your mind, and if I hadn't bought it, someone else wouldn't have been granted it. Instead he changed the listing after I sent my offer. That, in my opinion, is not being fair. And the seller admitted to making that change at an inappropriate moment.
Is it fair for Ebay to remove my feedback without warning? I really don't think so. That way users, in the event of a bad transaction, will limit themselves to writing "Terrible experience", so as not to hurt the sensibilities of dishonest sellers, without adding details. But maybe even "terrible" is too strong?! If it doesn't want to take risks, Ebay can always offer closed responses!
Years ago, Amazon didn't publish one of my reviews of an English book because I had written "jewel". Thinking perhaps I was talking about Jews, it censored it for me. I translated it into Italian, word for word, "jewel" became "gioiello" and the review was published. So, was it offensive or not?
marioelegio
Mentore3 years agoUnder Italian law, a review published on a website must be objective and restrained.
The right to report facts must be limited to describing objectively what happened, without drawing from the specific event a personal subjective and general opinion about the seller's way of operating.
In simple terms, if in your specific case the seller was poorly organized, you can write that, but from your experience you cannot infer and you cannot write that that seller is poorly organized.
Then you can go ahead and do whatever you want. Just don't complain later if they censor what you write.
hi
mario
alidoro1962
OP3 years agoYou too, Mario, can express your opinion, without expecting others to agree with your interpretation. Which unfortunately matches Ebay’s.
So much so that the transactions judged negative, at least as far as I’m concerned, have increased a lot in recent periods: I’ve been a user since 2005, and only in the last few months have I run into “mishaps,” out of 800-odd transactions (purchases only). Until October 2022 I think I had only given one negative feedback... Maybe.
It seems to me that now Ebay protects sellers more than buyers.
Fine, next time I’ll just write “Terrible personal experience.” Other buyers won’t understand why, and the seller will keep up their policy. But as for the legitimacy of deleting my feedback, after I had published it, so after an initial formal check that it didn’t contain any improprieties, without warning me... I’m not too convinced.
alidoro1962
OP3 years agoBy the way...
I just checked: the feedback in which I "accused" a user of poor organization has not been removed (maybe also the user, who knew the case firsthand, with the correspondence exchanges that preceded the purchase, and not just the feedback - visible to everyone - recognized a certain... disorganization). I'm referring to feedback I gave at the beginning of January, and which was removed. So your example doesn't really fit... Evidently your ratings are even stricter than eBay's!
marioelegio
Mentore3 years agoBut you don’t even read what I write: Some negative feedback you left has remained. Not all of it was fully compliant and some would have been removed, at the seller’s request.
Apparently the seller didn’t know eBay’s rules very well and didn’t request its removal.
hi
mario
alidoro1962
OP3 years agoI read your comment very carefully, on the other hand. On what basis do you judge how many (and which) of my feedbacks should have been removed? What is the rule according to which that specific comment you mention HAD to be removed (and instead it wasn't)? If it had been for violating a law... There would have been no discussion.
You keep insisting that I was lucky because the seller did not ask for that feedback of mine to be removed; this convinces me even more that your view is excessively strict toward buyers, because evidently it is a personal opinion and not an Ebay rule.
And then... Why doesn't Ebay - as Amazon and other platforms do - warn the user in advance that they would have broken its rules, inviting them to edit the comment? Ebay, not the other party!
If I understand the mistake I can correct it, and avoid it in the future. If the negative feedback is removed without warning... I learn nothing, and in fact, when I realize it... I get really annoyed, because I think that maybe others have been wiped out, on the same other party, not allowing me to properly assess whether to complete the transaction.