As we reported in January 2004, PADI sued the Web
site Diverlink (http://Diverlink.com) for defamation
over an essay that compared PADI training standards
with NAUI and YMCA. The suit has been dismissed,
with PADI ordered to pay court costs incurred by
Diverlink and the essay’s author.
In 2001, Diverlink carried an article by Walter Wilt,
who holds several instructor certifications, stating, “All
three agencies have room to improve. PADI’s system
is very rigid, allowing little room for an instructor to
improve the course by presenting skills in a different
order.” Wilt also wrote that “PADI has been removing
skills from its requirements since the late 1970’s.”
While conceding that a person could dive without the
removed skills, Wilt asked, “Will the diver be confident
and knowledgeable enough to deal with problems and
emergencies as they arise?” His own response was: “I
fear PADI standards do not allow us to answer ‘yes.’ It
seems PADI standards are designed around time constraints
instead of around learning to dive.”
PADI sued in California, claiming that the Diverlink
site “is full of inaccuracies, half-truths and outright
misrepresentations regarding PADI’s business, instructional
materials, instructional methods, and policies.”
One Diverlink statement singled out in PADI’s complaint
was, “If you want to learn to be a good diver as
opposed to just being certified to be a diver, then most
responsible divers would suggest getting trained by
the higher standards that agencies like the YMCA and
NAUI have maintained over the years.”
A federal judge threw out PADI’s complaint, citing
a California law prohibiting suits brought to silence
legitimate public debate. PADI was ordered to pay
Diverlink’s attorney’s fees, but PADI appealed the ruling
to the Ninth Circuit Court of Appeals.
Last summer, the Ninth Circuit Court upheld the
dismissal, because the Web site made obvious that “the
action arose from its acts in connection with a public
issue in furtherance of its First Amendment rights.”
The court further held that Diverlink was immune
from the charges of defamation under the California
law known as anti-Strategic Lawsuits Against Public
Participation (“anti-SLAPP”). Since Diverlink did not
write the statements but was simply the publisher of
Wilt’s article, the court said that “no provider or user
of an interactive computer service shall be treated as
the publisher or speaker of any information provided
by another information content provider.” Wilt was not
named as a defendant by PADI.
The Ninth Circuit Court agreed that Diverlink,
as the prevailing party, was entitled to attorneys’ fees
and court costs. Wilt told Undercurrent that PADI has
advised the Ninth Circuit that the case has settled
and that it is no longer pursuing legal action. The
settlement agreement calls for PADI to pay Diverlink
$311,187.
Additionally, Wilt himself was awarded $3,000 attorneys’
fees as sanctions against PADI by a Florida court,
his home, where PADI had tried to fight the anti-
SLAPP motion. Says attorney Paul Meyer, who was not
involved in the suit, “This is unusual. Lawyers have to
pretty much behave like complete miscreants to earn
this kind of sanction in the U.S.”
Eddie Rhodes, Diverlink’s webmaster, says, “The
case is exactly what it appeared to be at first look, a
big bully trying to get their way even though there was
no grounds for it ... They [PADI] played dirty along
the way, and they were chastised by two federal judges
in different districts for their unethical and improper
behavior.”
PADI’s legal department declined to talk to
Undercurrent about the decision. Their legal director,
Pat Fousek, said, “It’s PADI corporate policy not to
speak to Undercurrent, so we have no comment.”