possible internet slander/defamation/libel

[SpicyMeatball]

What is the name of your state? NY

Hello,

I posted this question at the tail end of a previous thread but it wasn't completely addressed. I want to create a website where people can log on and enter someones name, and what they want to evaluate them for. Then they can fill out a 1-10 questionaire for that person, with questions being of complete opinion, i.e. "Do you feel that this person is a good listener?". Being very careful not to have questiosn that need to be backed up by truth, i.e. If a question was "Do you think this person is a good lover?" Does not need to be backed up with the fact that you had sex with them because you can "think" they are but that doesnt necessarilly mean you actualyl had sex with them.

In a nutshell is this legal? I think the question mostly is that is it okay to use someones name in a public forum like that?

~Spicy

 

[SpicyMeatball]

clarification

THe questiosn woudl be structured as follows:

"Do you THINK that MR. John Doe is a good listener?"

Then you rate them from 1-10

 

[HomeGuru]

Re: clarification

THe questiosn woudl be structured as follows:

"Do you THINK that MR. John Doe is a good listener?"

Then you rate them from 1-10

**A: your threads are really getting old. That's enough already.

 

[SpicyMeatball]

no

Then dont read or answer them. Duh. Can anyone else just give me an answer of yes, that will get you in trouble, or no, I dont see how that is illegal.

And HG just mind your business then, I dont want your help.

Thanks,
Spicy

 

[HomeGuru]

Re: no

Then dont read or answer them. Duh. Can anyone else just give me an answer of yes, that will get you in trouble, or no, I dont see how that is illegal.

And HG just mind your business then, I dont want your help.

Thanks,
Spicy

**A: you give all meatheads...oops, meatballs a bad name.
You look like a kid trying to play silly childlike games. Grow up will you.

 

[SpicyMeatball]

Thanks

Thanks for the advice HomeHuru,

~Spicy

 

[Beth3]

Here's the bottom line, Spicy. Whether there is a basis for a slander or defamation suit in any given situation is EXTREMELY fact specific. So without EXACT information on the actual posts that are made on such a web site, it is not possible to say whether you'd open yourself up for a lawsuit.

You can always implement your ideas and then wait and see if you are successfully sued. Even if such a suit didn't prevail, you'd owe thousands of dollars in legal expenses defending yourself.

Only you can decide if the retribution you are seeking is worth the personal financial risk.

 

[SpicyMeatball]

but...

Beth, your advice is like gold to me and I really do appreciate it, but the rocks in my head are loose and sometimes regular glue doesnt cut it. So I cant resist but rephrase the question: (again)

Hypothetically:

If there was a website where you could put in someones name and where they live etc. i.e. John Doe, NY,CEO.

And then rate them from 1 to 10 on really general questions such as "Is it your opinion that John Doe a good listener?" 1-10, or if someone else has allready entered the person then you can rate that person as well.

So at the end of the day a person can look up his name and see how he has been rated.

My first question is can you list a person online without thier consent legally. Secondly, if the criteria being rates is controlled, and all criteria is worded so it is undeniable opinion then it cant be considerd slander, right?

I think this idea can be put to good use, i.e. It can be used to rate public officials in office, or if you are lookign for a job and find out your new booses name is Frank Smith, you can look up frank smith and see how he rates.

Also, even if the idea stinks I am still very interested in how the law is on that level of specifics.

Thanks!
Spicy


P.S. HomeGuru -> stop the hate!!

 

[Beth3]

Spicy, here's the typical standard for someone to bring a defamation claim:

1. A person knowingly telling lies about another individual.
2. The lies are told maliciously.
3. The lies are broadcast to an "audience."
4. The individual suffers damages as a result (which includes not only tangible damages - such as loss of a job - but intangible - such as damage to one's reputation.)

You are certainly setting the stage to provide one the "recipients" of your evaluation system the basis for a suit. You'll forgive me if I don't burn any more gray matter trying to figure out how your rating system equates into this because this is SUCH a bad idea from inception.

For one thing, it's totally unfair. Yes, there are bad bosses out there. But I've seen some wonderful bosses who had to fire an employee for gross misconduct who would jump on a website such as you're proposing and give their boss a terrible "evaluation." God forbid anyone who's fired for misconduct actually take responsiblity for the consequences of their behavior - much easier to say the boss is a jerk for firing you for stealing than it is to acknowledge they deserved to be fired.

 

[JETX]

Spicy, I have already answered your question on your previous thread.

Whether it is legal or not will depend ENTIRELY on the specific statements made, how they are made, and against who.

So, your question (as before) does NOT have a yes or no answer. Also as noted before, you can certainly go ahead and create any type of online 'opinion' board that you want..... just be sure to set aside a few thousand $$ for POTENTIAL lawsuits or threats of legal action. And while you're at it, be sure to get a good relationship with a local attorney. It is very likely that you will need him/her.

 

[SpicyMeatball]

mercy!!

Okay okay, I see the futility of this idea. I appreciate all the advice, and thanks for your time and patience. BUT you havent heard the last of me, I am brimming full of ideas, and most of them are alot worse.

Thanks again
Eric

 

[SpicyMeatball]

also..

p.s. JETX - Your signiture make me think you have this subject mastered! THanks again

 

[I AM ALWAYS LIABLE]

TOP 10 Internet Forum Complaints About Your Boss That Are "Slander Free" - -

NUMBER 10: Boss says "Nice work, Johnson" - - but, your name isn't Johnson.

NUMBER 9: Your desk and stapler are sold for scrap.

NUMBER 8: The boss hands everyone bonus envelopes, but yours says "For display purposes only."

NUMBER 7: Your "Year End" review includes words like "dolt" and "jack-ass".

NUMBER 6: Your big complaint is that now you're a waiter at new theme restaurant called, "Kick the Living Crap Out of Your Waiter."

NUMBER 5: Your boss sues you for libel because you keep writing, "my Boss walks around wearing nothing but a Post-It note."

NUMBER 4: You bitch and moan that after a few hours on your desk, the people in your family photos have stopped smiling.

NUMBER 3: Looking at pie charts all day makes you really, really hate pie.

NUMBER 2: At the meeting, your boss told you, "This time next week, the only question you'll be asking is, "Regular or Unleaded?"

AND NOW, the NUMBER ONE Internet Forum Complaint About Your Boss That's "Slander Free" - -

The company "Complaint Box" response sheet only has boxes for "yes" and "no" - - but not "bite me".

IAAL

 

[nailtech]

gosh IAAL, I thought you saved the top 10 for christmas and new years? it's not even close is it? or have I lost track again? time does seem to fly by...
*******************************************

*SpicyMeatball: Okay okay, I see the futility of this idea. I appreciate all the advice, and thanks for your time and patience. BUT you havent heard the last of me, I am brimming full of ideas, and most of them are alot worse.

Thanks again
Eric

I can't even imagine worse...
sounds like your trying to make a fast buck...

quote by me: "Oh we should be leery and weary of his theory" …

 

[Beth3]

"I am brimming full of ideas, and most of them are alot worse." Good grief. Spicy, how about putting all that creativity and energy to some BENEFICIAL purpose????