Thanks, I appreciate your comments today as I've been getting a little worried here that the traction this article is getting this morning is going to come back to bite me in the backside.
Whether it's Nintendo or a UK-local entity they sub-contract (it's a bit unclear - either way the address is store.nintendo.co.uk and Nintendo-branded), the policies could use some work.
In 2013, the absolutely terrible defamation laws in the UK were improved somewhat. Before then, you basically couldn't have said anything at all, publicly, about this absolutely shocking incident! IANAL, but now I understand they would have to show actual or probable loss of business because of your published statements. Given how much space you devote to saying how much you love their products and how great they are, I think this would be pretty difficult for them. To me, the tone of your article is overwhelmingly one of wanting to pressure them to fix their bad customer service, not one of wanting to harm their business in any way. Customers should have the right to shame agents of large international companies into reforming bad business practices, without fear of legal ramifications. Having lived in the UK, I feel like companies there regularly get away with murder, figuratively speaking, because of the poor consumer protections in that country.
From what I can see, you've stuck to the facts and been completely honest about the process - it's completely unfair that you should suffer any hardship as a result of it.
It's infuriating to see big corporations act like bullies behind their lawyers, and equally satisfying to see good people stand up to them.
The best thing Nintendo could do - and their senior managers have a window of opportunity here now - would be to deliver a huge apology to yourself personally, along with a promise to review their entire delivery system processes.
Don't be ridiculous, truth is a defence against Libel (written down is libel, not slander).
The onus is on the person who said the thing to prove it is true ("guilty until proven innocent," since it's a civil rather than criminal offence), but as long as he has documentation/emails it's all good.
Indeed, I would be astonished if they sued him for this, it would not end well for them.
I don't recommend engaging council for this because it will cost you a fortune. And in the not unlikely event that you lose, you have to pay their costs as well. You have to ask yourself, "is this something worth spending my house on?"
Whether it's Nintendo or a UK-local entity they sub-contract (it's a bit unclear - either way the address is store.nintendo.co.uk and Nintendo-branded), the policies could use some work.