myspace libel

[pookey1966]

What is the name of your state? Florida

I had a disagreement with someone I know who is no longer my friend. They blabbed all over about how awful I was, etc...to someone else who posted a blog that ended up on myspace and was 45 pages long. I contacted myspace and had it removed but now they are stalking me on all the forums I post on and posting stuff about me. I have printouts of everything but I'm curious if this is considered libel when they don't actually NAME me? Does libel have to have your name in it too or can all this crap be considered libel? It is totally not true and it's hard to control. Thanks!

 

[The Occultist]

If you can't be identified, then it can't be considered libel against you.

 

[tessa]

When no names are mentioned it is not really considered "Libel". An exception may be if a person is a public figure (ex- Politician, Novelist, Movie/TV Personality). In some rare instances a person can argue that even though a name wasn't mentioned they believe it refers to them personally. In a situation like this, the "Burden Of Proof" lies on the person making the allegations, and it is not an easy task and very costly. My best advice, refrain from expressing negative comments about any person especially on line and never use real names or any form of a name that could be identifable to another person.

 

[Zigner]

Has everyone forgotten the "damages" portion of libel?

 

[seniorjudge]

There are thousands of posts similar to yours so I have prepared a standard answer:

Get a lawyer.

Invest $20K and three years.

Sue the bad people for defamation. (Libel is the general term for written defamation; slander is the general term for spoken defamation.)

If you win, expect them to keep doing it.

If you lose, expect them to keep doing it.


Stand by for other opinions.

 

[hazeysky]

If you feel you were a victim of libel, what are your damages? Have you suffered economically? Physically? Mentally? Are you looked down upon in your community?? How have you suffered? That is the first thing to examine.

 

[racer72]

Turn off the computer and get a life. Easiest fix to your problem.

 

[neener17]

Maybe you should spend less time on the Internet and find other activities to occupy your time, it surely can not hurt. I get the impression you are somewhat pre-occupied (which is not a good thing) with the Internet and on line forums. These forums can be helpful in many ways, but can lead to serious problems if abused or used incorrectly. You have no legal issue to pursue with what you described. Without any names being specifically mentioned, you would have no way of proving that these alledged statements are referring to you.. There is really no way that you could have suffered any damages from someone posting situations on line that you claim to be about you. If no names are used, how could (mr or Miss noname) suffer damages? Unless you are a well known figure in society (even then you probably have no case) You can not use the argument "Implied Libel".. Don't take too seriously anything someone writes on a forum, you seem to be over analyzing "nothing"!

 

[Quaere]

I contacted myspace and had it removed but now they are stalking me on all the forums I post on and posting stuff about me. I have printouts of everything but I'm curious if this is considered libel when they don't actually NAME me? Does libel have to have your name in it too or can all this crap be considered libel? It is totally not true and it's hard to control.

In order to prove libel you must prove the following:

1. Defendant made a statement of fact
2. which is false,
3. to at least one other person
4. which reasonably identifies the plaintiff,
5. is defamatory
6. and causes damage to the plaintiff

NO, a person DOES NOT HAVE TO USE YOUR NAME in order to libel you.

You only need to prove that one person thought the statement was "of and concerning you".

In fact, it is possible to libel someone by publishing true facts about one person, but negligently causing others to believe you were speaking about someone else.

You do not always have to prove actual damages. If the defamation is serious enough to pursue, you should be able to show damages.

It takes a lot of time and money to sue someone and unless they are wealthy, you are unlikely to recoup your costs.

 

[The Occultist]

You do not always have to prove actual damages. If the defamation is serious enough to pursue, you should be able to show damages.

Um, are you contradicting yourself?

You DO have to show damages to be awarded anything!

 

[Quaere]

No I am not contradicting myself.

You may wish to look up the definitions of Actual Damages, General Damages, and Presumed Damages.

 

[The Occultist]

No I am not contradicting myself.

you do not always have to prove actual damages

actual damages

n : (law) compensation for losses [HIGHLIGHT]that can readily be proven[/HIGHLIGHT] to have occurred and for which the injured party has the right to be compensated

Now I'm just more confused.

 

[You Are Guilty]

Now I'm just more confused.

Courtest of Wikipedia

All states except Arizona, Arkansas, Mississippi, Missouri, Oregon, and Tennessee recognize some categories of statements are considered to be defamatory per se, such that people making a defamation claim for these statements do not need to prove that the statement was defamatory. Traditionally, these per se defamatory statements include:

* Allegations or imputations "injurious to another in their trade, business, or profession"
* Allegations or imputations "of loathsome disease" (historically leprosy and sexually transmitted disease, now also including mental illness)
* Allegations or imputations of "unchastity" (usually only in unmarried people and sometimes only in women)
* Allegations or imputations of criminal activity (sometimes only crimes of moral turpitude)

I think states are also starting to include AIDS in the "dread disease" category as well.

 

[darocket]

Wouldn't this be considered harassment?

 

[arcanemachinist]

Wouldn't this be considered harassment?

That was my thought exactly.