Are defamatory or false accusations postings on the internet are considered slanderous?

Question

Somebody from the friendster community has sentmessages which contains false accusations against my sisters and our business. Can we file a law suit against this person? and will friendster be obliged to help us with this?

Answer 1

Each state's laws are different, but the common elements of defamation are an untrue statement (expressing or implying facts, not pure opinion) of/concerning the plaintiff, that is published and harm's the plaintiff's reputation, resulting in damages.

Slander is spoken defamation. In other words, the publication is transitory (verbal). Libel is written defamation, and most courts have found that includes publication through electronic media as well. Slander per se is spoken defamation that attacks one's business abilities/competence, or falsely accuses one of a crime (or a couple other things).

In the case of libel and slander per se, damages are presumed in most states. In other words, in those jurisdictions, the plaintiff doesn't need to prove how much they were hurt, just that the statement had some negative impact on their personal or professional reputation.

Proving harmful impact may not be easy, but it's generally easier than proving an actual dollar amount.

As far as the truth requirement, that's where constitutional issues come in. If the person being spoken of (the plaintiff) is a public figure, or the matter is one of public concern, then the plaintiff must prove that the speaker/writer acted with malice -- either knowing that the statement was false, or acting with reckless disregard for the truth/falsity. So, comments about famous people, elected officials, or those who have voluntarily chosen to be at the center of a public debate are all held to a higher standard for culpable mental state (intent/recklessness).

If the situation involves a public concern, but the person spoken of is a private citizen and not voluntarily at the center of debate, then the standard is negligence (carelessness). So, the Mayor's personal assistant, or an executive who didn't personally do anything wrong but works for a company like Enron or WorldCom. These are private individuals collaterally involved in a public controversy, and are afforded slightly higher protection.

So, first you should be asking these questions to a lawyer who is licensed to practice in your state, preferably one who has some experience in internet law and/or defamation cases.

But to address your question, you (and your lawyer) would need to be able to show every one of the elements of defamation, as defined in your state. You could start with the list above, to get a sense of how you would go about proving each element. If you can't meet the elements for defamation (as defined in your state) then you probably wouldn't have a case.

Even if you do, your lawyer then needs to research the appropriate laws governing disclosure on the part of an Internet Presence Provider. There are a lot of special laws regarding what information they can and must provide, and how to get it.

In the end, it's an uphill and probably expensive battle. So, also ask yourself, how much is the fight worth to you?

Answer 2

Hmmmm...Well, if you can prove that you have sufferred damages(having sales totals from before the incident, and totals from after showing that you have lost significant money) they yes, you can sue. But slander is one of the hardest things to prove, like pain and suffering, so you probably wont win. The best thing you can do is to try to right the wrong, maybe put out messages discrediting the libel, and if all else fails, go for the deep pockets, seriously, sue friendster for not scanning the messages before they were to be sent, at least friendster could have someone to block the sender of the messages, so i would sue for the money possibly lost and for defamation of character. Glad I could help.

Answer 3

If you know who did this, and you can prove the accusations are totally false, you can sue for PROVEN damages.

Your whole game here has to be about showing you, your sister, the business have been harmed in a financial manner.

You have the right to rebuttal on these accusations and if I were you, I wouldn't contact friendster until you know you don't have a suit. Once/if you decide not to sue, contact them and demand rebuttal space or for the information to be removed.

Answer 4

I don't think so. Certainly there ought to be (and is) a criminal punishment for perjury, and there is also a civil punishment for defamation. But, you pose an interesting question because generally, the punishment for those wrongs will not be as severe as that of a convicted rapist. Mainly, I think that is because society believes an unconsented sexual experience is a greater wrong than even a huge lie. Maybe that value judgment is misplaced. However, even if it is, I would still not make the penalty as severe as the penalty for rape. There is a perception that the criminal justice system is inconsistent and inaccurate. I think most people would agree that just as a jury may find an innocent person guilty of rape, it might also find an innocent rape victim guilty of a false rape accusion. So, ultimately, increasing the criminal penalty for rape accusers serves as an additional disincentive not just to false accusers but also to innocent rape victims, who may fear coming forward when faced with the possibility of a severe criminal penalty. Rape victims are already forced to overcome a great deal just to be able tell strangers, and ultimately the public, about something so intensely personal, along with the criminal and civil penalties already in place for false accusations. I would not increase their burden. That is not to minimize the suffering of a victim of a false rape accusation, at all. But, at the end of the day, I would not want severe criminal punishment to be the factor that dissuaded even a single innocent rape victim from coming forward.

Answer 5

If they are false I assume they can, however good luck in finding an attorney!!!

Fox News can LIE in their broadcasts, even if they knew it was a lie, so said the Florida Supreme Court! It may have been the US!! But a reporter was fired for not airing a story she knew was untrue. The court upheld her termination!

Answer 6

You have to be able to prove that you suffered real damages -- financial in particular. Slander is extremely hard to prove. All you need are print outs off the statements. Can you prove it hurt your business?

Answer 7

Yes I believe that is slander and libel. You should get an attorney and let them do the work for you. And you'll need proof as to who is doing it

Answer 8

YES THE ARE. BUT PROVING IT CAN BE A TOTALLY ROUGH ROAD TO TAKE.