RICHARD ABANES TO SUE APPRISING MINISTRIES OVER DEFAMATION-LIBEL?

Complete Article from Apprising Ministries

Does any one of you, when he has a case against his neighbor, dare to go to law before the unrighteous and not before the saints? Or do you not know that the saints will judge the world? If the world is judged by you, are you not competent to constitute the smallest law courts?

Do you not know that we will judge angels? How much more matters of this life? So if you have law courts dealing with matters of this life, do you appoint them as judges who are of no account in the church?

I say this to your shame Is it so, that there is not among you one wise man who will be able to decide between his brethren, but brother goes to law with brother, and that before unbelievers? (1 Corinthians 6:1-6, NASB)

Does A Pastor’s Personal Opinion Really Constitute Slander?

I received the below today from IPower Web which currently is the host company of the website for Apprising Ministries. Since it involves this AM article A PASTOR’S ASSESSMENT OF RICHARD ABANES and he says that he is my brother in Christ it seems best to bring this before the Body of Christ.

As far as I know Richard Abanes has never contacted me personally about taking anything down and/or correcting any perceived factual errors. It’s always been my understanding that asking someone to cease and desist should always be the first step prior to taking action such as he has below.

Please also know that I have absolutely no intention of removing that article, and since the host for AM’s website says, “Failure to delete such content within such period will result in termination of your website”, it does bring up an interesting question. Whose website might Richard Abanes be coming to terminate next?

Hello,

We have been advised by a visitor to your web site (at: http://www.apprising.org) that such web site contains content that is alleged to be untrue, offensive, slanderous, harassing or controversial in nature.

Accordingly, please remove such content within 48 hours of this notice. Failure to delete such content within such period will result in termination of your website. The notice we received is below.

As you may know, we are a web hosting company. We are not responsible for the content or links posted by our customers who create and place content on websites that we host. We further do not “monitor” the websites that we host or prescreen the content placed by customers on their sites. However, when we become aware of allegations of improper activity by one of our customers using a hosted site, which would be a violation of our Terms of Service (TOS) governing the web sites, we take such situations seriously, investigate promptly, and take appropriate action.

Should you have further questions, please contact us.

Sincerely,
Customer Support Team

_________________________________________________________________

To: LEGAL DEPT. IPOWERWEB
FR: Richard Abanes
RE: Defamation-Libel – IPOWER hosted website, apprising.org

To whom it may concern,

Ken Silva, owner and operator of apprising.org, which is hosted by IPOWERWEB.NET, has engaged in posting libelous, defamatory statements on his website about me — i.e., Richard Abanes.

By way of introduction, I am an award-winning, bestselling author/journalist with twenty books published by major publishing houses. My public reputation, therefore is of paramount importance to my livelihood and career. Mr. Silva, with no regard for factual information, has posted on his apprising.org website:

– defamatory accusations,
– baseless commentary that impugns my personal/professional integrity, and
– factual errors about my published materials.

I am writing you in response to this libel that has been hosted by IPOWERWEB.NET/IPOWERWEB.COM in the form of statements found at apprising.org and direct your attention to the IPOWERWEB.NET “Acceptable Use Policy (AUP).” as found at http://ipowerweb.net/legal/legal_aup.bml. It reads:

“Prohibited Uses. Users may not: . . . b. Utilize the Services in connection with any illegal activity or activity otherwise prohibited by this AUP. Without limiting the general application of this rule, Users may not: . . . Utilize the Services for or in connection with any activities or content determined by IPOWER, in its sole discretion, to be related to gambling, adult, obscene or pornographic materials or content, harassment, defamation, libel and hate speech or other offensive speech or content, or for any unlawful purpose . . .”

“c. Utilize the Services in connection with any tortious or actionable activity. Without limiting the general application of this rule, Users and Users may not: i. Utilize the Services to publish or disseminate information that (A) constitutes slander, libel or defamation. . . .”

Ken Silva, owner/operator of apprising.org, has violated these above stated restrictions — specifically, in his article titled “A PASTOR’S ASSESSMENT OF RICHARD ABANES,” found at the URL
http://www.apprising.org/archives/2005/09/a_pastors_asses.html.

Before turning this situation over to my attorneys, I respectfully request that IPOWERWEB.NET / IPOWERWEB.COM remove this particular article from it’s servers, and notify Ken Silva to cease and desist the posting similar articles. I have no wish to name IPOWERWEB.NET / IPOWERWEB.COM in a legal suit, and hope to resolve this issue as quickly and easily as possible.

Please feel free to contact me at your earliest convenience. I hope to have this issue resolved as soon as possible.

Cordially,
Richard Abanes

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5 Responses to “RICHARD ABANES TO SUE APPRISING MINISTRIES OVER DEFAMATION-LIBEL?”

  1. Who is Richard Abanes anyway???

  2. Douglas K. Adu-Boahen Says:

    Richard Abanes is an apologist and member of Rick Warren’s church

  3. Oh, he is a Warrenite?! Well, anyone who comes against Warren’s church should be weary. It is unbiblical for believers to take believers to law, but since Warren’s church is not, then all bets are all off.

    Stay encouraged and be strong in the Lord.

  4. This post was made by a message board administrator in charge of moderating the forums at crosswalk.com and christianity.com.

    +++++++++++++++++++++ BEGIN

    From an Admin stand point I usually encourage people to use the report feature when they see someone violating our Terms of Service. One thing I have found is that the anonymity of the Internet fosters hotheadedness. Therefore, one never knows how terribly the recipient of a warning will respond. This is not to say that Mr. Silva has a tendency to that sort of behavior. (However, his response certainly does seem to indicate that it is in the realm of possibility that it would be so.)

    We provide a service with a Terms of Service to which everyone agrees to abide by. Outlined in that service is how we will deal with violations of our Terms of Service. Rather than our members having to deal with this sort of unpleasantness we offer to deal with the situation privately.

    In my opinion, a person does the right thing when he/she reports what is perceived to be a violation of our rules so that the situation can be reviewed and the appropriate action taken.

    I doubt that the service provider in this case lost any sleep over any perceived threats of a law suit from Mr. Abanes. Such a suit standing up in court would be near impossible.

    I believe, rather, that they did much the same thing I do. Look at the content and determine if it violated their rules. They found that it indeed did break their rules and sent a notice to Mr. Silva requesting that the content be removed for violations of the Terms of Service. (This is actually more than what we do in that we remove the content ourselves and notify the offender of the action taken.)

    In this Admin’s view Mr. Abanes did the right thing. . . .

    Mr. Silva should have reviewed the Terms of Service and determined if they were rules by which he wished to be governed. . . . When asked to remove the content for violations of the Terms of Service Mr. Silva should have complied as per his agreement and then considered finding a site more suitable for his style.

    +++++++++++++++++++++ END

    This sums up the incident fairly well. I have nothing to add, except my 100% agreement with this administrator. As I have noted before, those who have ears to hear and eyes to see will both see and hear the truth.

    See his full post at my website, under Thoughts of a Web Forum Administrator: A Look At Ken Silva’s Actions

    R. Abanes
    Pop Culture Mix Website

  5. I note that no one, including Richard Abanes, has mentioned specifically those details regarding Silva’s web site that are supposedly offensive and libelous. Libelous implies they are untrue. Mr Abanes claims to be an apologist, which means he is skilled in using logic for the purpose of defense. When does he intend to demonstrate this skill by naming specific passages that are libelous and then arguing objectively in favor of his thesis?
    Stating that he agrees with an administratror who has a vested interest in closing the site of a powerless individual at the request of a person who is known to wield great power is hardly a defense. But then, perhaps America has decayed to the point that merely being rich and powerful is enough of a defense. God forbid! Have we fallen that far?

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