2006-08-04 08:53:08 · 16 answers · asked by Anonymous in Computers & Internet ➔ Internet
Just sue her for slander. The court appearance notice will help her to see your side better. (be ready to make your family matters PUBLIC)
Good luck
2006-08-04 08:56:31 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Cyber Libel Issues: Can the operator of a website
be sued for libel for messages that are posted?
To date, actions for libel based on e-mails have been launched in Australia, England and the United States and have had varied results. For example a court in Western Australia found a publisher of a defamatory e-mail message on the Internet to be liable for $40,000 (Rindos v. Harwicke). An action by Dr. Laurence Godfrey of CERN, Geneva, Switzerland, for libel on usenet in England, was settled with the plaintiff accepting the defendant's payment of money into court (Godfrey). An action for an e-mail libel by an American businessman against a defendant journalist was settled (Suarez v. Meeks).
Current Principles Governing Liability:
Currently, the law governing owner/operators of computer bulletin boards or websites can be distilled into the following principles:
If the defamer is a disreputable publication or person, the statement could simply be treated with contempt, to avoid further republication.
A computer network service is not a "periodical", which would require an opportunity for retraction under the defamation statute of Wisconsin. (In the Cards Inc. v. Fuschetto 193 Wis.2d 429, 535 N.W.2d 11 C.A.).
Owners and/or operators of a network of computers are liable for defamatory material which they write and publish on the network, or receive from third parties and cause to be published on the network. Consequently, a corporation could be vicariously liable for statements published by employees.
If a third party publishes defamatory material on the network and the material is then retransmitted via the network, the owner and/or operator of the network may be liable, but only if:
they or their agents knew that the material was defamatory; or
they or their agents had reason to be suspicious that some or all of the material was defamatory. The nature and previous history of the newsgroup or mailing group where the defamatory material was posted, the previous history of the person posting the message, and reading the defamatory material are all factors which might spark the suspicions of network owners and/or operators.
2006-08-04 15:57:58 · answer #2 · answered by DanE 7 · 0⤊ 0⤋
Yes. In most states, it considered libel or defamation. (Libel is written. Slander is spoken. Texas statutes do not treat them separately.)
You can start with a cease-and letter that you write yourself. You can pick up samples from www.chillingeffects.org. Be sure to send it to the owner/manager of the agency AND to the hosting company that where their website is located.
If that doesn't get results, you'll have to get an attorney to proceed further.
2006-08-04 16:03:52 · answer #3 · answered by Otis F 7 · 0⤊ 0⤋
You might try asking nicely first. If that doesn't work, you'll need to get a lawyer and sue the agency.
By the way, defamatory statements that are written are libel, not slander. Slander is spoken defamation.
2006-08-04 15:56:59 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If you have proof of the lies, you can probably sue them for slander and force the removal. Talk to a knowledgable attorney.
2006-08-04 15:56:34 · answer #5 · answered by tw0cl0n3m3 6 · 0⤊ 0⤋
I am not very sure. But you can threaten them with a lawsuite. Talk to a lawyer and scare them to death. Make sure you screen cap and have the pages of the site available so they can give you accurate advice on how to handle the situation. I honestly don't think you can but it doesn't mean you can't check out all your options.
2006-08-04 16:00:14 · answer #6 · answered by Wrapped in Thorns 2 · 0⤊ 0⤋
If you had the seniority to fire her then you should also have the seniority to remove whatever content (true or false) that she put on the website. If the company doesn't allow the removal of the false content (which it should once they find it is misleading) then simply ask why it wasn't removed.
2006-08-04 15:58:00 · answer #7 · answered by I want my *old* MTV 6 · 0⤊ 0⤋
If it discredits your or makes you lose face in any way and you have proof its fake you can file a small claims court and sue them this will force them to take it off.
2006-08-04 15:57:01 · answer #8 · answered by Jeff L 4 · 0⤊ 0⤋
well if u go to court basically i am 14 almost 15 and saw this on court tv if she has a site and basically she is saying ur a criminal and ur not u can good luck brother
2006-08-04 15:57:22 · answer #9 · answered by Anonymous · 0⤊ 0⤋
You can certanly talk to the website owner--they might agree to remove it. Or the painfull way is to bring a lawsuite on them
2006-08-04 15:57:16 · answer #10 · answered by Mrsashko 5 · 0⤊ 0⤋