• 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.

Libel questions

  • Thread starter Thread starter hermitage
  • Start date Start date

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

H

hermitage

Guest
I recently posted a potentially libelous statement on a public bulletin board regarding a group in my former company. I didn't name anyone specifically, referring to them in a third party (I'm in MA, they are in New York). I posted out of frustration and not with an express purpose of defaming anyone.

However, I'm paranoid and nervous about my postings, and have heard that they are "going after" someone else for a similar posting.

1) Can someone sue me for defamation if I don't name them specifically and refer to them in the third party such as "the team from" or "a group that did such and such"?

2) Could the company sue me, instead of the individual that I might have offended?

3) If I am sued, is it up to me to prove that what I posted was true (or an opinion) or is it up to them to prove that I damaged their reputation?

Thanks for any help. This is making me really nervous.
 


JETX

Senior Member
Q1) "Can someone sue me for defamation if I don't name them specifically and refer to them in the third party such as "the team from" or "a group that did such and such"?"
A1) If the description is sufficient to identify the perons you are commenting about, especially to the company or peers of the individual, you can still be found liable.

Q2) "Could the company sue me, instead of the individual that I might have offended?"
A2) If the company was named or made a part of the statement ("Some of the 'boys' at XYZ Corporation"), you could be liable.

Q3) "If I am sued, is it up to me to prove that what I posted was true (or an opinion) or is it up to them to prove that I damaged their reputation?"
A3) Both. If you can prove it was true, they have no case. If you can't prove your statements were true, they would have to prove damages.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top