internet defamation via website

[johnwilliams]

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

I have a unique situation where a person (former friend) played a prank on me a few years back by creating a website that uses my name, and photos of me that are photoshoped to portray a homosexual person. At first I let it go thinking that he would have his fun for a few weeks, and then stop paying the bill on the website and it would be over with. I had asked that it be taken down. Since then I have had limited contact with the individual who posted the website. Recently the whole thing resurfaced within a group of friends, and I am now realizing that the website had never been taken down. (I have better things to do with my life that to check up on this type of thing)

I contacted the website host, and they refused to take down the website, as they will only respond to the person who is paying for the website, unless local authorities are involved.

Is there anything I can do to:

1. Leagaly have the website removed.
2. Receive any damages from either the individual who posted the website, or the company who hosts the website.

Any advice would be nice.

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

 

[The Occultist]

You posted your question in a forum dealing with defamation; in what way has this website hurt your reputation? What, precisely, are your damages?

 

[quincy]

Most webhosts will not remove material from a website without a court order to do so. A court will not order an injunction against the website without proof that the content posted is, in fact, illegal content (defamatory, an invasion of privacy, infringing on rights, obscene, pornographic).

What you must do, then, to have the material removed (if the individual refuses to remove the content and the webhost refuses to remove the content) is to take your proof of this illegal content to a court for an injunction. An injunction is a court order commanding or preventing an action (commanding the removal of the material, in your case, and preventing any further postings).

However, many courts will not consider the issuance of an injunction unless and until you bring suit against the originator of the content. In other words, you must sue the person responsible for posting the material FIRST. You must show the court that an injunction is necessary and that there is no other adequate remedy to your situation and that you will suffer further harm if the injunction is not granted.

You can get an ex parte injunction based on just your proofs alone, without any counter-proofs from the person posting the defamatory material. This is a temporary injunction issued before a trial on the matter.

Another possible solution is to have an attorney draft a cease-and-desist letter to the individual with the website, warning that legal action may be pursued against him if the material is not removed from the site immediately. Sometimes the threat of legal action is enough to resolve the problem.

Good luck.

 

[Quaere]

You posted in the correct forum but if the content has not been changed in the past year, the statute of limitations has run on any claim you may have had for defamation damages (AZ has a one-year SOL).

Even if you get him to remove the site, it is extremely hard to remove all copies of it from the net. The way back machine keeps archives for years.

Research Arizona law using search terms such as Arizona unauthorized use of image, Arizona invasion of privacy, Arizona negligent infliction of emotional distress and Arizona intentional infliction of emotional distress.

If you are only now becoming emotionally distressed by the site and you start making him aware of that fact (over and over), his refusal to take the site down may be seen as negligent/intentional infliction of distress. Your “distress” must be documented in as many ways as possible, over the same period of time that you are trying to get him to take the site down.

Good luck!

 

[TigerD]

If the sole purpose is to get the site taken down:

Who owns the copyright to the photos displayed on the site? Ask that person to file a DCMA complaint with the hosting company.

DC