Internet Defamation on Facebook

[toria_239]

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

My boyfriend is an author and sells his books through Amazon and other outlets. A person he's never met posted some unsavory things about him (not his books) on Facebook and other random Facebook users from varying states have also added horrible comments to the original one. We believe these posts have harmed his reputation, and thus book sales. We were wondering what court would have jurisdiction over our suit? Thanks.

 

[Proserpina]

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

My boyfriend is an author and sells his books through Amazon and other outlets. A person he's never met posted some unsavory things about him (not his books) on Facebook and other random Facebook users from varying states have also added horrible comments to the original one. We believe these posts have harmed his reputation, and thus book sales. We were wondering what court would have jurisdiction over our suit? Thanks.

Do you have an attorney involved? Your boyfriend needs one.

Technically you can file suit in California but you need to expect the defendant to attempt to quash based on improper jurisdiction.

Your boyfriend is in a difficult situation. He has been insulted on Facebook by many people in many states. Even if he is able to find these people, he has a huge issue to deal with in terms of jurisdiction, and also whether or not an opinion is considered to be defamatory. "I hate this guy he bullied me at school and he sucks" is not likely to be considered defamatory.

THEN, even if he is able to obtain judgments against these people, collecting is going to be a huge problem.

Finally, defamation suits are horrifically expensive in terms of both time and money. Think several years, and tens of thousands of dollars (and that's a conservative estimate).

This is why your boyfriend needs to consult with an attorney. There's a decent chance that there's no suit to begin with.

 

[sandyclaus]

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

My boyfriend is an author and sells his books through Amazon and other outlets. A person he's never met posted some unsavory things about him (not his books) on Facebook and other random Facebook users from varying states have also added horrible comments to the original one. We believe these posts have harmed his reputation, and thus book sales. We were wondering what court would have jurisdiction over our suit? Thanks.

Do you have an attorney involved? Your boyfriend needs one.

Technically you can file suit in California but you need to expect the defendant to attempt to quash based on improper jurisdiction.

Your boyfriend is in a difficult situation. He has been insulted on Facebook by many people in many states. Even if he is able to find these people, he has a huge issue to deal with in terms of jurisdiction, and also whether or not an opinion is considered to be defamatory. "I hate this guy he bullied me at school and he sucks" is not likely to be considered defamatory.

THEN, even if he is able to obtain judgments against these people, collecting is going to be a huge problem.

Finally, defamation suits are horrifically expensive in terms of both time and money. Think several years, and tens of thousands of dollars (and that's a conservative estimate).

This is why your boyfriend needs to consult with an attorney. There's a decent chance that there's no suit to begin with.

That's all well and good, but what OP should also be asking themselves is, "Is there any truth in what's being said?" Truth is an absolute defense to a defamation claim. While the statements were unsavory, I didn't hear that the statements weren't true. While the fact that they were put out there on his Facebook profile and might harm his reputation and book sales, if what's being said is true, then he really has no case to recover damages here.

 

[quincy]

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

My boyfriend is an author and sells his books through Amazon and other outlets. A person he's never met posted some unsavory things about him (not his books) on Facebook and other random Facebook users from varying states have also added horrible comments to the original one. We believe these posts have harmed his reputation, and thus book sales. We were wondering what court would have jurisdiction over our suit? Thanks.

Everything written by Proserpina and sandyclaus is accurate and needs to be considered prior to considering any lawsuit.

A court in the state where the defendant resides is probably where any suit your boyfriend files should be filed, because jurisdiction is almost always argued (which can increase the costs of a suit considerably). Filing in the defendant's home state eliminates the argument.

What also needs to be kept in mind is the statute of limitations for filing a suit - SOLs range from 1 year to 3 years, depending on the state (California has a one year statute of limitation on defamation claims). The statute of limitations is the time within which you must file a suit, this from the date of first publication of the defamatory comments.

And this, of course, is assuming your boyfriend has any defamation action worth pursuing in the first place. Not all unsavory comments written are defamatory. Truth, as sandyclaus noted, is a defense to comments communicated. A personal review by an attorney well-versed in defamation law of exactly what was written, therefore, is advised.

A question: Does your boyfriend know who wrote the comments (did the person post anonymously)? If the person is unidentified, this adds to the complications and costs of any suit.

 

[Proserpina]

Everything written by Proserpina and sandyclaus is accurate and needs to be considered prior to considering any lawsuit.

A court in the state where the defendant resides is probably where any suit your boyfriend files should be filed, because jurisdiction is almost always argued (which can increase the costs of a suit considerably). Filing in the defendant's home state eliminates the argument.

What also needs to be kept in mind is the statute of limitations for filing a suit - SOLs range from 1 year to 3 years, depending on the state (California has a one year statute of limitation on defamation claims). The statute of limitations is the time within which you must file a suit, this from the date of first publication of the defamatory comments.

And this, of course, is assuming your boyfriend has any defamation action worth pursuing in the first place. Not all unsavory comments written are defamatory. Truth, as sandyclaus noted, is a defense to comments communicated. A personal review by an attorney well-versed in defamation law of exactly what was written, therefore, is advised.

A question: Does your boyfriend know who wrote the comments (did the person post anonymously)? If the person is unidentified, this adds to the complications and costs of any suit.

I learned from the best. Some guy on some forum called quincy.

 

[quincy]

Thanks for the nice (not true, but nice ) comment, Proserpina.



As a note, I want to move to wherever "state of absolute joy" is located.

 

[Silverplum]

As a note, I want to move to wherever "state of absolute joy" is located.

Well, I live in one of the "Stoner Bowl" states...

You're always welcome here. We always have room for grammarians. (Others, not so much.)

 

[Proserpina]

Well, I live in one of the "Stoner Bowl" states...

You're always welcome here. We always have room for grammarians. (Others, not so much.)

LOL and I live in the OTHER "Stoner Bowl" state.



Granted, I'm rooting for Peyton and not the Seachickens.

<--- wore Steelers gear to the doc's yesterday. In Seachicken territory.

 

[Silverplum]

LOL and I live in the OTHER "Stoner Bowl" state.



Granted, I'm rooting for Peyton and not the Seachickens.

<--- wore Steelers gear to the doc's yesterday. In Seachicken territory.

I admire your Steeler-gear-wearin' verve! (Without revealing details that would reveal my identity to the entire internet , I can simply state that I've done a thing or two along those lines. )

It's gonna be a blowout. (Puns nearly always intended.) Denver by 24: that's my prediction.

 

[quincy]

... (Without revealing details that would reveal my identity to the entire internet , I can simply state that I've done a thing or two along those lines. ) ...

Oh, you are SO identified now, Silverplum.

 

[Silverplum]

Oh, you are SO identified now, Silverplum.

sigh...

I have to move again, and change my name again, and dye my hair again...

 

[Proserpina]

I need Peyton to win. Because I need the ability to keep telling this joke:

What do you call a SuperBowl Champion in Seattle?

A tourist

 

[Silverplum]

I need Peyton to win. Because I need the ability to keep telling this joke:

What do you call a SuperBowl Champion in Seattle?

A tourist

I luv Peyton, and I know it's mostly because of his accent.


*selects new hair color*

 

[Zigner]

Is there some sort of sporting even coming up?

 

[Proserpina]

Is there some sort of sporting even coming up?

Well DOH.

It's the Tenth Puppy Bowl!