• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Internet libel-How to proceed?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.



I need to know how to proceed with the following: I live in New Jersey. I sell items on Ebay. I sold a sterling silver bracelet (no question that it was sterling silver) to a woman in Washington D.C. Without first contacting me to express her displeasure with the item or request a refund (which I would have had no problem with) she posted this negative comment in my Ebay feedback file for all to see: "THIS IS TRUELY (sic)A PIECE OF JUNK---TOTAL PLASTIC!!!" It was definitely not plastic. (BTW, according to the bid history she bid on this at the last minute). This false and undeserved comment is now a part of my Ebay feedback record for all to see. As I have a stellar record with my customers and no other negative comments, this comment unjustly libels me and my good name, and may cost me business in the future. Ebay will accept a valid court order for the removal of this negative remark. How do I go about obtaining this court order? Can I do it without suing the other party? If I must sue, can I proceed with this as we are in different states? What specifically should I sue for? Again, what must I do to obtain a valid court order? Thank you for any helpful replies and advice.



I am a law school graduate currently awaiting Bar results. So I offer the following to you as merely guidance and information, not to be construed as forming an attorney-client relationship.

What you have here is definitely a new and emerging civil wrong called internet libel, even website defamation, etc. Because it hurts you directly in your profession, it might be libel per se, which means in a court of law you do not have to prove your actual monetary damages.

That being said, it may be a good idea to sue her and because you two are in different states and it has to do with an internet incident, it will in all likelihood go to a federal court.

Read the defamation sections on freeadvice.com (if you have not already done so) and then I suggest contacting (perhaps through attorneypages.com) an attorney wise in the ways of defamation and freedom of speech rights.

Hope this helps you!


In the mean time, post a response to her comment and put negative feedback in her profile. This will limit the impact of her libel.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential