postings on myspace blog

[tnkimala]

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

My ex of five years is taking offense to my postings on myspace. Actually it is his girlfriend since he does not even have an email address much less a computer.

Today I had blogs deleted apparently though I have read the terms and conditions, and nothing was in violation. I have contacted myspace to explain.

The issue is that I have given particulars to the court case filed by my ex and my counter claim. Dollar amounts and what is happening are listed.

My interpretation is that something must be FALSE and tangible loss must occur as a result to be libel.

Does he have a case?

 

[quincy]

I don't know if there is any legal action your ex can take. It really depends on what you wrote that the girlfriend, your ex, and/or MySpace found objectionable. If content was deleted, there is a good chance you violated one of MySpace's terms of service, however.

Damages can be awarded in a defamation action for something other than "tangible" losses. Reputational injury can be shown through an economic loss, and this is a definable loss (loss of income, a contract, a client). Economic losses translate fairly easily into monetary figures for a damages award (a lost contract is worth X amount of dollars, so damages awarded for the loss of the contract are X amount of dollars).

But a person can also be awarded damages for physical pain and mental suffering, and for the hatred, ridicule, contempt, loss of esteem, humiliation, and injury to a reputation in one's trade or profession that results from a defamatory statement. This type of reputational injury has no dollar figure attached and, therefore, must be determined by a judge/jury. Awards for these injuries can be as low as a dollar or as high as many millions of dollars.

In order to win a defamation action, what is communicated must be false. Truth is a defense to defamation, as is pure opinion. A solid defense to a defamation action, however, does not prevent a defamation action. Anyone can sue, whether the suit has merit or not.

And truth and opinion do not work as defenses to an invasion of privacy action, should your blog statements fall into this category.

If you are concerned about being sued over your blog posts, take what you wrote to an attorney for review. I suspect that you crossed the line somewhere when you wrote about your court case.