Libel of minor

[jeanettej505]

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

My little brother who is 14 years old was accused of stealing 2 cigarretes from a business owners car on Monday. On Tuesday the owner of the business a Cyber Cafe asked my brother if he wanted to join a club at the cafe....a picture was taken of my brother and he gave all of his identifying information to the owner. Twenty minutes later my dad received a call from the police that my brother had broken into a car the day before and that three girls had accused my brother of taking 2 cigarretes out of the open car window. The business owner posted my underage brothers picture in his cafe and wrote "Banned for breaking into a car on 09/2010." Now all the kids at our small town school are telling my brother that he is a criminal and laughing at him. My mother already spoke to the owner and he is unwilling to take the picture down until my brother has been proven innocent in the courts. Should we get an attorney? Any advice appreciated.What is the name of your state (only U.S. law)?

 

[quincy]

Well, first of all, the way it is supposed to work is that a person is innocent until proven otherwise, so it appears the business owner has the law a bit backwards.

If three girls identified your brother as being the one who broke into the business owner's car, however, it is not looking all that good for your brother. Should your brother be charged, your parents will want for him to have an attorney.

The business owner probably should not have your brother's photo publicly posted, with a message saying that he broke into a car, until the matter is heard in court and your brother is found guilty of the crime. A false statement of this sort can be considered defamatory and a certain amount of reputational injury may be presumed. Being ridiculed by others can be considered evidence of reputational injury.

Although your parents may wish to speak with an attorney about sending a letter to the business owner, advising him of his potential liability should charges against your brother not materialize or should evidence presented in court on any charge not support a finding of guilt, if your brother is found guilty, then the message that the business owner has posted is true and not defamatory. There would be no legal recourse available then that your family could take against the business owner.

 

[jeanettej505]

Exactly the person I was wanting to reply. The kid is a good kid, he is a bit socially akward, but we believe him. Thanks for the help. I appreciate it.

 

[quincy]

You're welcome, jeanette. Good luck to your brother.

And, for the record, I think that the way the business owner went about getting your brother's identifying information from him, even if effective, was pretty lousy.