Privacy on forums?

Question

Someone recently posted false & damaging statements about me on a forum. I found out when I registered to be a member of said forum. I asked to have the statements removed but the person who owns the forum said the forum was private and not viewable to public without registration. She also said I violated her privacy by viewing what she was saying about me. The owner of the site was the one making the false statements about me. Is this person right? Am I wrong to be upset?

Answer 1

In defamation cases, posting or distribution to any third-party generally meets the publication requirement, whether the forum is public or private. So, if the statements were false and defamatory, then that's grounds for a defamation suit. And the the forum moderator was aware they were false (including after being told by you) and refused to act, they might also be liable.

That being said, trying to actually sue is costly and you're not likely to even recover your costs, even if you win. But the fact that it was a private forum does not change the defamation standard.

Nor would you have violated anyone's privacy if you simply read comments that were posted on a forum that you are a member of. Being a member entitles you to read those postings.

Answer 2

If you can find these statements about you in a google search, then there is obviously nothing "private" about the forum.

This is what you need for a defamation law suit:

1) public statements about you
2) statements must be obviously false
3) statements must be INTENTIONALLY published as false

(right now, you have made your case to the site administrator, and the continuation of the statements is enough to prove intent.)

4) the statements must be public
5) you have to prove damages

If you think you can make a case, you can return to the site administrator with these facts, and proof that the comments about you are available to the public, and threaten to report to your state's Attorney General if the statements are not publicly repudiated by the site administrators and removed.

Answer 3

Be upset, contact lawyer, sue for libel.