What action can I take for Facebook Libel

[olivia8]

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

Full Story: A facebook friend pasted a link to a blog where she wrote lies about a friend. She did not give the name but she gave the leadership role she has in the community so it was obvious to everyone who she was talking about.

This was the second time she has done this, years ago she did it via slander. Now she has posted it online on her blog and facebook page for everyone to see.

I decided to take action because the last time she did it she split up our social group (which is needed when you home school). It was a very difficult experience and we suffered for a few years to get back together again with a social group for my kids.

So I wrote her a letter to have her take it down before more damage was done. I used strong words in my message to let her know I was serious so that she wouldn't ignore me. I wanted her to know that it really hurt my family, so I wanted to be sure she understood what she was doing was wrong. I did not use curse words, and I did not threaten or harrass or bully her in any way. I did use the word "suggest" but I also left it up to her to do the right thing. She replied to me to ask if I was threatening her. I clearly wrote "no". She then asked me if I had a gun and I wrote "for goodness sakes". I was shocked that she was accusing me of threatening her. I made it clear that I was not threatening her and she made it clear she understood by saying "good now leave me alone". I then ended the message because I could see it was a mistake and was getting nowhere.

She did not take anything down. She told everyone in person that I had threatened her. Then she wrote on facebook that I had threatened her, that I was a bully, and that I sent her a mailicious attack of a virus through the email so she had no choice but to take it down.

The entire community believed her and told her to prosecute me. The thing is is that she is telling lies online that I commited these crimes. Isn't that illegal? I reported it on facebook, but nothing has happened, they haven't even begun the process and I imagine it will take a while. Everyobody thinks I am a criminal which couldn't be further from the truth. I am in another country, I was asleep when she accused me of sending a message. I don't even think I could get away with it with all of the internet restrictions here. Plus, I am just a homeschool mother, I could never pull that off, I am a technohhobe, not to mention that this is the first time I have ever confronted someone. I thought I was doing the right thing by putting an end to her manipulations. I thought my friends would have known that I could never do something like that.

I figured she was manipulative after she accused me of threatening her. I know it was a mistake to send an angry message, but the whole thing was not that angry. I was just calling her out on bad behavior because noone else was and it. SO I documented everything to be sure that I wasn't accused of anything.

Is there anything I can do to save my reputation? Can I report her for criminal libel, can I personally write a cease and desist or do I need a lawyer to have her remove the lies. I am not in the country for two months so I am nervous of all the damage she is going to do to me. I am in a tight spot. Would I have a chance if she didn't write my name in her slander?

Thank you for your help.

 

[quincy]

The preview feature on this site does not work for all people all of the time. Previewing a post before submitting it will often delete the post. I have no idea why.

You can use the "edit post" to add your question or you can use the "reply to thread" to add your question.

Please be sure to include the name of your state.

Thanks.

 

[quincy]

I'm sorry, olivia8. I just noticed that you added text to your post.

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

Although the state name you give is California, you mention later in your post that you are out of the country. Do you live outside the U.S? Does the woman who is the source of your troubles live in California?

Full Story: A facebook friend pasted a link to a blog where she wrote lies about a friend. She did not give the name but she gave the leadership role she has in the community so it was obvious to everyone who she was talking about.

This was the second time she has done this, years ago she did it via slander. Now she has posted it online on her blog and facebook page for everyone to see.

Does the subject of the lies know that this woman has written about her? Has she seen the blog?

I decided to take action because the last time she did it she split up our social group (which is needed when you home school). It was a very difficult experience and we suffered for a few years to get back together again with a social group for my kids.

Why did you include this woman in the social group again, if she was a problem?

So I wrote her a letter to have her take it down before more damage was done. I used strong words in my message to let her know I was serious so that she wouldn't ignore me. I wanted her to know that it really hurt my family, so I wanted to be sure she understood what she was doing was wrong. I did not use curse words, and I did not threaten or harrass or bully her in any way. I did use the word "suggest" but I also left it up to her to do the right thing. She replied to me to ask if I was threatening her. I clearly wrote "no". She then asked me if I had a gun and I wrote "for goodness sakes". I was shocked that she was accusing me of threatening her. I made it clear that I was not threatening her and she made it clear she understood by saying "good now leave me alone". I then ended the message because I could see it was a mistake and was getting nowhere.

Do you have a copy of the letter you wrote? Have you saved her responses to your letter?

She did not take anything down. She told everyone in person that I had threatened her. Then she wrote on facebook that I had threatened her, that I was a bully, and that I sent her a mailicious attack of a virus through the email so she had no choice but to take it down.

The entire community believed her and told her to prosecute me. The thing is is that she is telling lies online that I commited these crimes. Isn't that illegal?

What the woman said about you to others was defamatory. She accused you falsely of committing crimes. The fact that the "community" believed what she said was true and has reacted negatively toward you is evidence of reputational injury.

I reported it on facebook, but nothing has happened, they haven't even begun the process and I imagine it will take a while. Everyobody thinks I am a criminal which couldn't be further from the truth. I am in another country, I was asleep when she accused me of sending a message. I don't even think I could get away with it with all of the internet restrictions here. Plus, I am just a homeschool mother, I could never pull that off, I am a technohhobe, not to mention that this is the first time I have ever confronted someone. I thought I was doing the right thing by putting an end to her manipulations. I thought my friends would have known that I could never do something like that.

Facebook takes its time in removing material. They often will not remove defamatory material until a court order is issued. To get the court order for removal of material, you generally must file a suit against your defamer first. If you are in another country and your defamer is in California, you would need to file suit in California under California's defamation laws.

I figured she was manipulative after she accused me of threatening her. I know it was a mistake to send an angry message, but the whole thing was not that angry. I was just calling her out on bad behavior because noone else was and it. SO I documented everything to be sure that I wasn't accused of anything.

Documenting everything was smart. You will need documentation if you decide to sue the woman for defamation.

Is there anything I can do to save my reputation? Can I report her for criminal libel, can I personally write a cease and desist or do I need a lawyer to have her remove the lies. I am not in the country for two months so I am nervous of all the damage she is going to do to me. I am in a tight spot. Would I have a chance if she didn't write my name in her slander?

Thank you for your help.

There is often little but the passage of time and fading memories that will repair an injured reputation. A defamation suit will only result in monetary compensation for the reputational injury you have suffered. It may or may not "get the truth out" to those who have heard the defamatory statements.

There are only a handful of states in the U.S. that still have criminal libel laws. California is not one of them. And, even in those states that still have criminal libel statutes that have not been found unconstitutional, they are narrowly tailored to specific areas (e.g., defaming a financial institution) or are rarely prosecuted.

You can personally write a cease and desist letter but it is important to know that a cease and desist letter, even one sent by an attorney, has no force of law behind it. It is just a letter. It can be ignored or disposed of with no penalty. That said, a cease and desist letter sent by an attorney can sometimes intimidate a person into meeting the demands outlined in the letter.

And, finally, I don't know what you mean by "Would I have a chance if she didn't write my name in the slander?"

Consulting with an attorney can be smart. Whether you want to consult with one in the country you are in, who knows California defamation laws, or whether you want to wait until you are in the U.S. to speak to one, is up to you.

Good luck.