Internet Protocol

[tennisstud]

What is the name of your state? Colorado

Well let’s start at the beginning. My friends went bowling one night about a month ago. One of the guys forgot to bring money so the other guys said that if he kissed one of their butts, they would pay him. So he did kiss it. So the guy's father found out and he became very angry and they all got counseling at my school. The guy that kissed the butt was a minor and the other guy was not. So I wrote a song a couple of days ago about it, and put it on myspace, but did not include any of their names. I also wrote a comment on myspace to one person that asked what the song was about. In the song and in the comment, I called the guy who kissed the butt an idiot, a cracker, and retarded. I called the guy’s dad a crazy honky. Now the guy’s father says that there could be legal charges because of what I said. I was wondering if I could get in trouble at all for this. I did not use their names in the song or the comment, and did not use extremely bad language. Any help would be appreciated.

 

[tranquility]

I don't think you have much to worry about. Talk to your parents and ask for their help in dealing with the crazy honky.

 

[tennisstud]

Well, the guy's father said that what I did was slander, but I never even addressed his name in the song or comment. I did it as a joke, I did not mean to actually hurt anyone's feelings. I did have to talk to him and a counselor today and they kinda cornered me and I had to tell him I was sorry. He said that they called a lawyer to see what they should do and he said that they could press charges. I mean I cant believe this is happening to me. I mean I am trying to give you as much detail as possible. Lets see, I could give you some of the song lyrics. Hope this does not offend anyone.

"dont kiss a guys butt, when you go bowling, got all in trouble, u had no plan, u aint a real man, u r an idiot, u r an idiot its true, please dont kiss my tushy too." and the comment the worse I wrote in it was, "The crazy honky fathered a retard, and everyone got counseling." I mean I dont know what is so bad about it. I did not cuss at all.

 

[tranquility]

Let's assume for a moment the song was false and defamitory, what then? First, you say the names were not used. That may or may not be a defense. You don't have to name a person for defamation, you need to make it so the person is identified in some way. (I won't go through the legal definition.) I bet you did identify the persons involved even though you didn't use names.

Better would be the defense of opinion and satire. I have a right to state my opinion, even if someone can prove it defames them and it isn't true. Also, you can make a parody of something, a joke, without being a problem. Now, these things are defenses. They don't prevent you from getting sued and having to use them. That's why you need your parents, if the guy really, really wants to push it, you have to defend yourself in court. I think you would win, base on what I believe a high school kid's song about a friend kissing another friend's butt on a dare would be like. That doesn't mean I think poking at sensitive things is the best way to run your life, it's just that if we were to use slander because a kid says a mean thing about another kid, the courts will be overwhelmed.

Finally, the father would have to prove damages. Even if he won he would have to point out the damages you caused from your song. Unless the butt-kissing friend is in therapy for self-esteem issues related to the song, I don't think the father will be able to come up with much.

As I said, I don't think you have much to worry about. If you get sued, you would need an attorney, but I bet you will win easily.

 

[tennisstud]

Do you think my friends could get in trouble because they were eighteen years old, considered adults, and the guy who kissed it was seventeen, a minor?

 

[tranquility]

In reality, probably not. But people have gone nuts (in most cases rightfully so) about child abuse and you never know what a motivated District Attorney could charge on something like this. If there was no force involved and no true coercion and the "kiss" was in public and over the clothes, my goodness, I just don't see it. However, while I don't know CO statutes, I bet there is some annoyance or other sexually-related statute designed to protect children that a strict reading could have this fall under. I have seen sillier things. If your adult friends ever get contacted by the police they should use their right to remain silent until they talk with an attorney. I don't think it will get to that, but, as I said, it is a touchy area where no DA wants to look soft on child molestation as a career move.

 

[Zigner]

I think you can tell the amount of smoke that the crazy honky is blowing by the fact that he doesn't even know the definition of slander (as opposed to libel)

 

[tranquility]

I thought of that at first, too, but then gave it a second thought. It is alleged that a song which streams over the internet is defamatory. Is that libel or slander?

I don't think it's entirely clear and could make an argument either way--unless the song was not sung but written down on the page. (Not that it really makes a difference in this case. It's just an interesting point.)

 

[Quaere]

DEFAMATION is an act of communication that causes someone to be shamed, ridiculed, held in contempt, lowered in the estimation of the community, or to lose employment status or earnings or otherwise suffer a damaged reputation.

Slander and libel both mean the same thing as defamation, but they define the “act of communication” for us.

If you slander someone, you harm their reputation or “defame” them by making a verbal statement about them.

If you libel someone, you harm their reputation or “defame” them through some documented form of communication.

Based on your posts above, you have not defamed anyone.

If your statements had been defamatory, they would have been considered libel.

 

[tranquility]

If your statements had been defamatory, they would have been considered libel.

Do you have a cite for that?

)Assuming all messages are defamatory.)I mean, I remeber in class that a phonograph record had not yet been determined if libel or slander. Telegraph message was libel as it was intended to be placed into writing on reception. I think they are still fighting over what tv and radio broadcasts are and we know they are placed on tape before sending a lot of times.

Why do you believe a song streamed over the internet is libel?

 

[tennisstud]

well, It looks as if the focus is off of me for a while as the boy who kissed the body part started a fight today at school.

 

[Quaere]

Tranquility....

Somehow, I was under the impression the lyrics were written on the myspace. I apologize if that was not the case.

I certainly agree that it’s anybody’s guess how a defamation claim would be classified if the only publication were via an audio message.

 

[tranquility]

As to libel/slander in this situation, again, I could argue either way.

As to the OP,

well, It looks as if the focus is off of me for a while as the boy who kissed the body part started a fight today at school.

This is not a good thing for you. While I still don't believe the song falls into defamation, damages have quite likely increased. Why do you think he got into a fight? Did it have anything (being teased or normal situation where he is more sensitive from having been teased) to do with the song?

Before we were talking about the law. I think the law is on your side here but want you to consider other things in this age of communicative power. One person with a little effort can communicate with every other person at the school. At the high school level, a clever and hurtful communication can change how a person views himself for the rest of his life. People form their self-identity in adolescence. You have contributed to the environment that the friend is in where he forms that identity. While I don't think you did anything illegal, you didn't act in the way a friend would. It's one thing when a little circle of buddies (People who like and interact with the whole of each other on a daily basis.) tease each other, it's something eles when everyone at school is teasing you. (Or more.)

I understand you are glad the spotlight is not on you. I would feel relieved as well. But maybe it's time to stop worrying about whether you are going to get into trouble and start worrying about the type of person you are creating in yourself. Who do you want to be known as? How do you want to think of yourself?