My former best friend made videos that could tarnish my image

[DisabledGeek89]

What is the name of your state? VA

I recently had a bad fall out with my best friend. I also found out he was not the friend he seemed to be. He made two videos mocking me on YouTube. If need be for further analysis I could PM someone the videos. I am looking to become a YouTuber. I don't need these videos with false information about me online. Can I file a suit for slander or defamation of character if its bad enough or is it covered by satire parody clause?

 

[quincy]

What is the name of your state? VA

I recently had a bad fall out with my best friend. I also found out he was not the friend he seemed to be. He made two videos mocking me on YouTube. If need be for further analysis I could PM someone the videos. I am looking to become a YouTuber. I don't need these videos with false information about me online. Can I file a suit for slander or defamation of character if its bad enough or is it covered by satire parody clause?

Please do not include links to the videos here. If the content is defamatory, publishing links only works to increase the harm to your reputation by exposing the videos to new viewers/a wider audience.

You can have an attorney in your area review the videos to better determine if the content is defamatory or merely insulting and to determine if you have any legal action to pursue (or worth the cost of pursuing).

YouTube has a “report” feature. Have you reported the videos?

 

[quincy]

Here is a link to how to report objectionable YouTube content:
https://support.google.com/youtube/answer/2802027?co=GENIE.Platform=Desktop&hl=en

Here is a link to an overview of defamation laws in Virginia:
http://www.dmlp.org/legal-guide/virginia-defamation-law

 

[Taxing Matters]

Can I file a suit for slander or defamation of character if its bad enough or is it covered by satire parody clause?

It's important to understand that defamation is the communication to others of false statements of fact about you that harm your reputation. Statements that are purely opinion or that are factually true are not defamatory. So if the mocking of you in the videos is simply his opinion of you in satire or parody that's not going to be defamatory. If there is some false statement of fact buried in there, though, that may be defamatory.

Note that YouTube personalities do face attacks, insults, mocking, and parody from other YouTubers and commentators. YouTube audiences by and large seem to understand this and don't seem to give those attacking/insulting videos and comments a whole lot of weight. You need to have something of a thick skin to put yourself out there on platforms like YouTube. You might do better just ignoring his videos and work on establishing your YouTube presence. You might risk giving his videos even more exposure if you sue for defamation. Especially if his viewership is low.

 

[zddoodah]

Can I file a suit for slander or defamation of character if its bad enough or is it covered by satire parody clause?

I'm not sure what "satire parody clause" refers to. Also, slander is a type of defamation that is spoken (as opposed to libel, which is written).

Can you sue? Of course. Anyone can sue anyone for anything. Whether you'd have any chance of prevailing depends on what exactly is said/shown in the video. "Mocking" is generally legal (and, indeed, it's common on social media), but you also mentioned "false information," so that could be actionable. No way to know without looking at the video and discussing what you claim is and isn't true/false.

 

[quincy]

The satire/parody “clause” is either referring to the fair use doctrine or a defense to defamation. Neither appear to apply to what is described.

 

[not2cleverRed]

Lawsuits are about money.

You are on SSI/SSDI per your posting history.

Your desire to become a YouTuber is laudable, but the future tense of your content production makes the determination of how your ex BFFs content has harmed you financially a hypothetical.

In order for a reputation within a business to be harmed, you first have to have a presence in the business.

 

[DisabledGeek89]

Ok my friend made another video harassing me and commented bad stuff including leaking my real first name on a comment. I deleted it and he is telling people to harass me, when does this just become legal harassment? Should I look into getting a restraining order?

 

[adjusterjack]

He's only doing it because he knows it pushes your buttons. The more you escalate, the more he will do it. Grow a thicker skin. Ignore it. Stop responding to it. Eventually he will have to find someone else to pick on.

 

[zddoodah]

when does this just become legal harassment? Should I look into getting a restraining order?

Perhaps you overlooked my prior response in which I pointed out that intelligent feedback requires knowing exactly what these videos depict and the context in which they appear. Am I asking you to post links? No. That said, posting on YouTube is a pretty poor way for non-public figures to "harass" each other. Why is that? Because you can completely avoid the "harassment" by not watching the videos.

 

[quincy]

Ok my friend made another video harassing me and commented bad stuff including leaking my real first name on a comment. I deleted it and he is telling people to harass me, when does this just become legal harassment? Should I look into getting a restraining order?

Did you report the video using the YouTube link provided to you earlier?

Did you have the video and comments personally reviewed by an attorney in your area, as suggested previously?

What harm have you suffered as a result of the online harassment?

You potentially can have an attorney send a cease and desist letter to the YouTuber, advising that legal action is being explored if the harassment doesn't stop. The letter can be sent directly to the person if the person's identity is known or posted to the YouTuber's channel if the identity is unknown.

 

[quincy]

Here is a link to Virginia's online harassment law:

https://law.lis.virginia.gov/vacode/title18.2/chapter5/section18.2-152.7:1/