Facebook picture with calling me a child molester

[silent765]

What is the name of your state (only U.S. law)? CA

Hi there my name is Chris, I have this issue with this one individual that posted a picture on her facebook of me with it saying

WARNING!!!
IF YOU SEE THIS PERSON THEY ARE A CONVICTED CHILD MOLESTER AND SAME WITH HIS BROTHER AND FATHER BEWARE

(then my picture is below)


they have over 3000 friends and a lot of her friends are my friends as well. people are posting on it calling me names and ruining my reputation as I have clients/friends that all have saw this.


and NO I AM NOT A CONVICTED CHILD MOLESTER neither is my father or brother

I don't want to take it to superior court due to cost and time.

could I take this to small claims court and sue for the maximum amount of 7500.00 for spending my time sending messages to all my friends/clients telling them it is not true and so forth?

 

[Proserpina]

What is the name of your state (only U.S. law)? CA

Hi there my name is Chris, I have this issue with this one individual that posted a picture on her facebook of me with it saying

WARNING!!!
IF YOU SEE THIS PERSON THEY ARE A CONVICTED CHILD MOLESTER AND SAME WITH HIS BROTHER AND FATHER BEWARE

(then my picture is below)


they have over 3000 friends and a lot of her friends are my friends as well. people are posting on it calling me names and ruining my reputation as I have customer and clients/friends that all have saw this.


and NO I AM NOT A CONVICTED CHILD MOLESTER neither is my father or brother

I don't want to take it to superior court due to cost and time.

could I take this to small claims court and sue for the maximum amount of 7500.00?

Report the page to Facebook IMMEDIATELY.

Unfortunately small claims court is not the correct venue for a defamation action.

Although this would generally be considered defamation per se (I believe California does recognize that) and you would not need to show tangible damages, defamation suits are still very very expensive to litigate.

Think tens of thousands of dollars and several years.

So your problem is that small claims court won't hear it, and the cost of litigation might be prohibitive.

I suggest you approach Facebook first, and see what happens once you report the page.

 

[silent765]

yea I told everyone if they see it PLEASE report it.

they have yet to do anything about it and its been 9 hours...but I know things like this take time.


How would I figure out how much this is worth, better question how much should I sue this individual for?

I have screen shots time stamped emails and everything documented.

can I recoup attorney costs?

 

[Proserpina]

yea I told everyone if they see it PLEASE report it.

they have yet to do anything about it and its been 9 hours...but I know things like this take time.


How would I figure out how much this is worth, better question how much should I sue this individual for?

I have screen shots time stamped emails and everything documented.

can I recoup attorney costs?

You can of course speak with an attorney who specializes in defamation suits, but honestly I'm not confident of your chances.

Even if you successfully sue her (and again, it won't be in small claims court), does she actually have any assets? Would you be able to actually collect?

Because if she doesn't - you're going to be left with a VERY hefty legal bill.

 

[Tex78704]

Is this an adult or a minor making such comments on Facebook?

The kinds of allegations you cite fall under defamation per se, and as already stated above, damages are presumed. Although quantifying the presumed damages in terms of $$ that you can realistically seek to gain is another matter entirely.

I disagree with a common statement suggesting that such litigation will cost tens of thousands of dollars. It all depends on the facts in the case, whether the suit falls under defamation per se or per quod, and how much a defendant is willing and able to spend to defend themself against a defamation suit if they are unwilling to settle.

Someone with a prima facie case for defamation per se based upon an internet publication in which there is no dispute as to who published it, might be able to move to summary judgment against the defendant rather quickly and encourage a settlement offer in between.

It appears you and your brother and your father have a strong case for defamation per se in California based upon someone falsely stating on Facebook you are all convicted child molesters.

However, you will need to consult with an attorney with experience in litigating defamation cases who can give you a rundown on the cost-benefit of your options. Which will depend in part on not only how deep the defendants pockets are, but how deep your pockets are. Your options may range from a simple cease and desist letter from your attorney, requesting a retraction and public apology in lieu of a lawsuit, to filing suit against this person.

 

[CourtClerk]

Have you been convicted of ANY sex offense?

 

[silent765]

CourtClerk - NO, I have Never have been convicted of ANY sex offense and neither has my father and brother and it is still up on face book as of right now....


Thank you Tex78704 I will be consulting with an attorney on Monday.

 

[quincy]

The answers to both CourtClerk and Tex's questions can be important ones in determining if the postings on Facebook can support a defamation suit. ALL facts, including what exactly was posted, must be reviewed to decide if there is a case here worth pursuing.

Not all false statements that are published, even ones that on their face fall under the definition of defamation per se, can result in a successful suit. There are other proofs that need to be met.

For example, if I were to read on someone's Facebook page that an individual was a child molester, I might take that statement more seriously than I would a statement that a whole bunch of people this person knows are child molesters. I would question the veracity of such statements and I would question the credibility of the person posting the statements. I might also be more inclined to believe statements from a disinterested third party over those, say, of a vindictive ex-wife fighting for child custody. Context also plays a role.

If no one believes the truth of the statements, the reputations of the people about whom the statements were made are generally not harmed enough to warrant the costs of a suit. Presumed injury awards in defamation per se cases, when there is nothing but this presumption, can often be quite small - in Wisconsin, for example, nominal damages can be awarded for "vindication" purposes when there has been defamation per se but no demonstrated compensable loss, but the nominal damages in Wisconsin are traditionally 6 cents.

Which brings me to Tex's statement about costs of a defamation suit, the average cost of which in the U.S. is in the neighborhood of $500,000.

Although suits without merit tend to be dismissed quickly (with accompanying costs therefore limited), most suits with merit will be battled vigorously by both parties to the suit, because of the dollar amounts at stake with a win or a loss. Even when defamation suits settle before trial (and the majority will), the costs of reaching settlement stage are not inconsequential. Settlement amounts for a successful plaintiff, however, are often very very high, as reputations are valuable.

The average cost takes in defamation suits against media organizations, large corporations, and those with a lot of money. These suits tend to be prolonged (years) and extremely costly (millions). The damages awarded are also extremely high (multi-millions). Experienced defamation attorneys often charge $500 an hour and upwards so costs of a defamation suit escalate rapidly. Even a relatively simple motion to dismiss can wind up costing a party to the case multi-thousands of dollars ($500 an hour times 20+ hours).

At any rate, you have taken the right first steps, by getting the content on the Facebook page documented and by contacting Facebook for removal of the material. You should also have documented any actual losses suffered as a result of the material appearing on Facebook (economic and otherwise).

Then I agree with both Proserpina and Tex that the next steps to take are ones which will lead you to a good attorney's office for a review of the facts.

Good luck.

Oops - you posted as I was writing. It is good that you will see an attorney tomorrow.

 

[silent765]

Quincy I appreciate your posting, a lot of good info.

 

[swalsh411]

I am not trying to tell you that you shouldn't be upset this happened, or immediately report it to facebook, but please consider which is really more likely.

1. The people seeing it will believe you really are a convicted child molester and your reputation will be damaged.

2. The people seeing it will figure the immature person who posted this has some minor squabble with you and is acting like children on the playground when they call each other poo poo heads. (albeit with a very serious accusation).

Furthermore, if anybody really does suspect you might actually be a child molester, it is very easy to pull up lists of these people online, and your name wouldn't be on it.

 

[Tex78704]

...Which brings me to Tex's statement about costs of a defamation suit, the average cost of which in the U.S. is in the neighborhood of $500,000...

What is the source of this "average cost" figure?

 

[Proserpina]

What is the source of this "average cost" figure?

You DID read the rest of quincy's post, yes?

 

[Tex78704]

You DID read the rest of quincy's post, yes?

Absolutely.

Just want to know if this $500k "average cost" figure is an "educated guess", or if it is based upon statisitically sound empirical data from a survey of actual case costs.

The average cost takes in defamation suits against media organizations, large corporations, and those with a lot of money.

While $500K may certainly be the "average cost" for the rich and famous, it is not the average cost for everyone else. And clearly not for the OP.

Given this reasoning, one could suggest the "average cost" of litigating a divorce is also $500K or much more, if we focus on the costs of divorce among the rich and famous.

Statisically, a "median cost" may be more useful that "average cost", since the median would likely fall much closer to average income earning citizens fighting each other in court.
And this in turn would more likely include $200/hr civil law attorneys rather than $500/hr specialists. And defendants who have neither the resources or desire to pay tens of thousands of dollars to defend themselves against a defamation suit arising out of their own stupidity, especially where less costly options are offered to them in terms of settling for much less.

 

[quincy]

The $500,000 figure is an estimate but it is more than a guess.

The Media Law Resource Center supplies annual surveys as well as periodic reports and statistical studies on verdicts, judgments, court cases, court fees, attorney fees and so on.

http://medialaw.org

 

[mistoffolees]

All this discussion about costs of defamation suits misses the point.

Contact Facebook immediately. They're very good about taking down slanderous pages.

Unless you're a public official or in a job where your employment is affected, you're going to have a hard time proving financial damages - especially when you're telling all your friends to go to the site.

Then, put a big notice on the top of your page pointing out that you have askef Facebook to remove false accusations against you.