Newspaper Ads Injured Entire Family and Business...!!

[libelslibels]

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

<Factual Background>

Just last week, one of two individual partners of a Georgia business entity which previously invested money back in 2006 into a retail property that was developed and owned by another GA entity that I was managing (two of my brothers were equity members) at that time has knowingly printed a paid advertisement with such malicious comments in a public notice format on two of popular community newspapers with a full intention to damage the reputation of my family and other business. Eeveryone lost investment when the property was lost due to vacancies with no rental income in 2009.

The ads clearly printed our legal full names listed as Theives/Assualters along with our other business name stating that we have scammed and stole tremendous amount of money from many others including him as well neighboring friends/people he know of.. and that he is trying to locate more victims due to me and my brothers repeated criminal violations of theive by taking - of course all comments are so despicably untrue.

This matter has been neither filed in any court in U.S. nor was informed/notified to any of us. This wrongful and crazy notice have already injured me, my brothers, wives, and elderly parents in late 70s with irreparable damages both financially and emotionally.

The same newspaper copy-paste was also been published on one of popular online community boards and was viewed by more than 1,000 people in less than 48 hrs since published. as if me and my two brothers have illegally stolen his money personally.

Me and my brothers contacted all parties (the guy, admin of online community, two newspaper publishers) 1-2 days after printed ads being distributed all over 6 states and online newspaper websites which could be viewed over a million people.

Please someone help me with legal advice to claim for damages and to correct any and all of these parties wrong doings. [please refer me with reputable and experienced law firms]

Questions:1. Is it legal for Newspaper Publisher to print such paid advertisment with actual legal names listed with unverified and malicious information and comments if the advertiser (the guy addressed himself as a victim) simply requested to print in exchange of ad fees? (Publisher answered to us it is perfectly fine if the advertiser agrees to print his full name and contact info as well.)

2. Online community also let that despicable statement being viewed by over 1,000 local residents who at least 50% of them could recognize our names and the business. It was taken down after my brother wrote them an e-mail complaining about it, but damages were done. My brother is a licensed real esate agent in GA, his reputation was badly damaged already.
What rights and legal remedies does each of us (three brothers and elderly parents0 have here?

What shall we do to further stop them from doing similar and which law firm is recommended if any in GA? Our elderly parents and sisters-in-laws were so humilated and emotionally hurt over this entire weekend by having so many people (friends, curch people, relatives, neighbors) calling on our cell phones to verify if that was true. Absolutely wrongful and incorrect information with a full of lies just to hurt us out of ignorant personal grudge and anger. please somebody help me with a right guidence as soon as possible. Everyone of our family members has spent such terrible and sleepless weekends since Friday trying to figure out a way to get help on this libelous and slanderous act.

How could we possibly correct this entire situation which many already would remain quiet and treat us like crooks!! Is it true to have publishers to print any type of advertisment if being paid for ad. fees commenting anyone with full legal names accusing of anything (wrongful and incorrect) if the advertiser also allow publisher to print with his name and contact info together with that advertisment??? how is that possible? Where should I report this violation if it is a violation for publishers??? Any would be helpful. Thanks in advance.

 

[antrc170]

GA has a statute of limiations on defamation, slander, and libel of one year so a suit against the paper or originators is no longer possible. To prevent future attacks you can send a certified letter to the newspaper and originator explaining how the ad was incorrect and malicious and any future information printed will be under close scrutiny and may result in legal action.

 

[Mass_Shyster]

GA has a statute of limiations on defamation, slander, and libel of one year so a suit against the paper or originators is no longer possible. To prevent future attacks you can send a certified letter to the newspaper and originator explaining how the ad was incorrect and malicious and any future information printed will be under close scrutiny and may result in legal action.

"Just last week"... is not more than a year ago.

OP should see an attorney immediately

 

[tranquility]

I'm thinking there is more to the story. Newspapers tend to know defamation law.

The OP may be a public figure. Also, it's not false just because it is not adjudged by a court yet. If the other side has money, the majority of the case will be trying to prove the allegations true. Years in the press, lots of discovery and testimony in a small town? Get some popcorn folks, litigation is going to be a party.

 

[Tex78704]

A brief internet search should be able to turn up any number of civil law attorneys in your area who can handle a defamation lawsuit. The statements alluded to here, if false, would fall under per se defamation, which is recognized under GA law, and in which harm is presumed.

But rather than waste time with the newspaper publishers for now, the most prompt and effective damage control in the short term would be to shoot straight for the author of the defamatory statements. And "strongly encourage" him to publicly retract his statements.

Given there are several potential plaintiffs and only one defendant for now, any good attorney should be able to review this case to determine which plaintiff(s) have the best chance for success against the defendant, and zero in on that. The fact there are several plaintiffs (or harmed individuals) makes it a bit easier for them to pool financial resources against a lone defendant.

On the face of this, it is possible the "libel per se" claims can move quickly to summary judgment in favor of the plaintiffs, seeking both general and punitive damages. And those damages may be mitigated by defendants willingness to publicly retract his defamatory statements, which should be a goal of such a lawsuit.

Parts of the following MATHIS v. CANNON cite appear to be applicable in this case.
www.lawskills.com/case/ga/id/199/39/index.html[/B]]Browse Caselaw

Another reference to GA defamation law:
www.citmedialaw.org/legal-guide/georgia-defamation-law[/B]]Georgia Defamation Law | Citizen Media Law Project

 

[quincy]

Newspapers can be held liable for defamation if they publish false or misleading advertisements, unless the ad was a political ad.

Newspapers are not allowed to censor or edit the content of political ads (those created by or for a legally qualified candidate for public office) and, for this reason, a newspaper would be immune from any defamation action over the ad's content. Any suit brought over the content of a political ad would have to focus on the originator of the ad.

If this was not a political ad, I am surprised that the newspaper(s) would publish it, if it did indeed contain obvious defamatory content. Newspapers can reject ads, even prepaid ads, and they can refuse to publish ads for any reason, or no reason, at all. Most newspapers, because of their potential liability, will not risk publishing material that is not verifiably true (or that discriminates against a protected class or that in otherwise violates a law).

Because a publisher's refusal to publish content is not a "state action," there is no violation of First Amendment rights should an ad be rejected for publication. The First Amendment gives newspapers the right to say, or refrain from saying, whatever they want to.

I agree with tranquility, in other words, that there seems to be much more to this story than is disclosed here.