Is this slander?

[nj336]

What is the name of your state? California

I am part of a small, but growing online forum for the Saltwater Reef keeping hobby. Recently one of our members got in to an argument about who was right about some information that was posted by this member. He started making comments on the site about the moderators and other inappropriate things, so his posts were edited because we do not allow such talk since it is not helpful to our members.

We have had issues with this member before and have asked him to not make such statements and to keep his posts on a more helpful and proper attitude. After the latest post and removal he made a rather derogitory post which was promptly removed and his membership was suspended. (By the way, Membership to the forum is free)

He has now made a post on another forum about our forum. He made several statements about our forum which are clearly not true. He is telling people on that forum to not go to our forum. I feel that these statements are slanderous and want to try to stop him from making them. We have sent notification to the moderators and owner of that forum explaining the situation and asking that they remove or edit this post.

What else can we do? Our site is still in it's infancy and can not really afford to pay an attourney at this point, but I still feel that we need to vigorously defend our site against false statements such as these.

 

[Shay-Pari'e]

What is the name of your state? California

I am part of a small, but growing online forum for the Saltwater Reef keeping hobby. Recently one of our members got in to an argument about who was right about some information that was posted by this member. He started making comments on the site about the moderators and other inappropriate things, so his posts were edited because we do not allow such talk since it is not helpful to our members.

We have had issues with this member before and have asked him to not make such statements and to keep his posts on a more helpful and proper attitude. After the latest post and removal he made a rather derogitory post which was promptly removed and his membership was suspended. (By the way, Membership to the forum is free)

He has now made a post on another forum about our forum. He made several statements about our forum which are clearly not true. He is telling people on that forum to not go to our forum. I feel that these statements are slanderous and want to try to stop him from making them. We have sent notification to the moderators and owner of that forum explaining the situation and asking that they remove or edit this post.

What else can we do? Our site is still in it's infancy and can not really afford to pay an attourney at this point, but I still feel that we need to vigorously defend our site against false statements such as these.

The answer is no without knowing the posts that you are referring to. In fact look at the many posts on this forum.

 

[Meursault]

Since you never stated here what was said and what 'damages' you or the forum incurred, no one can answer you. There are situations where libel can be proven but generally, opinion is not libel.

 

[nj336]

Ok, fair enough. I wasn't sure how detailed I would need to get. The person has removed the direct name of our site, but has hinted as to the name of our site. Here is his statement:

i hadnt been posting on here as much because someone convinced me of going to another forum (no names mentioned...). anyways everytime i posted something of interest a mod would tell me it wouldnt work, so everytime i would proved it would work, and made a mod look wrong they would erase my posts. when asked why my posts were erased i was told that if a mod argues it is debating, if you proove a mod wrong it is flare. i then asked if he cared that his mods didnt know anything and gave bad advice and he said as long as it gets people coming to the board i dont care. i am glad things are not like that on reef lounge and i plan on just posting here from now on. it was a bad expierence and dont recommend the forum. has anyone else had bad expierence on other forums? ​

His statements about our mods erasing his posts are untrue. The only instance that was actually removed that is remotely close to this was removed because of being way off topic and "slamming" our site and mods. The thread had turned in to an arguement rather than a debate and we do not condone that sort of activity on our site.

I guess it is not really that important, but I didn't want to let this sort of activity go without a response.

Is there anyplace that I can get a copy of a standard Cease and Desist letter that we could use to try to get him to stop this? Or should we just let it go and not worry about it?

 

[I AM ALWAYS LIABLE]

My response:

Do you have any idea how difficult it would be to have someone forced to curtail their First Amendment rights? Try slim and none. Since you have not demonstrated any damages to us, then you simply have nothing.

If I received a "Cease and Desist" letter from your site, I'd start laughing, ball up your letter, and go for two points in my waste basket. Maybe three if I'm standing far enough away.

IAAL

 

[nj336]

Thanks for the input. I hadn't thought about the fact that he has a right to voice his opinion, though it may be wrong, and that since we don't make that much money yet his comments won't cause much damages.