Newsgroup Harassment

[Liz222]

What is the name of your state?What is the name of your state?CO

I have a question about this guy that has been harassing me in a newsgroup. A while back, it got to be so bad that I told him if he were to cross the line, I would contact the police.

Ever since then, he has been telling everyone in the forum that I have threatened to bring false charges aginst him with the police. Most people ignore him, but the new people believe him as he is a better writer than I. I even show people the exact words I'd written, but he continues to act as though I threatened to bring him up under false charges.

Clearly this is something that I did not do. I would not press false charges against anyone. But I must wonder if it is legal for him to claim that I would. I have ignored him in the past, but he interferes with my exchanges with other posters and tells them these lies.

I want him to stop telling that lie. Is there anything I can do? I do not wish to leave the forum as I have been there much longer than he has.

 

[Liz222]

CO

This has been going on for months. He is clearly saying that I have threatened him with a criminal act. I have not done this. I want it to stop. I believe this is not only harassment, but libel. I have not threatened him with the criminal act he keeps referencing (bringing him up under false charges.) I do know his name, city and state of residence, which differs from my own, so he's not an unknown person.

Is what he is doing to me considered libel?

 

[BelizeBreeze]

Is what he is doing to me considered libel?

No. It's his opinion that any charges you may bring against him would be false and that you would know it.

Drop it. This is a child's game and the two of you are acting the part.

 

[rmet4nzkx]

Look for the hyperlink "terms of service" most groups will have one and will usually have language around such issues, including an administrator or moderator. Email them and ask to have the offending posts removed and or the offensive member denied access to the site. I had this happen recently and it even contained my full name! The things they said were totally untrue and if anyone actually looked up my name would have see it was untrue, however most people don't look that far. It is slander if it is untrue. I contacted the site and it was removed within 1 hour but that will depend on how responsive they are and be sure to make copies of everything before take any action. You can make a police report. If you know who they are you may be able to take action, but you have to consider if they have any means if you plan to take action. You may be able to get a restraining order if you know who they are, otherwise, depending on what was said, the police may be able to obtain that information from the site, but again it may be dependent on how honest they were registering, or they may have to trace by the ip address.

 

[BelizeBreeze]

It is slander if it is untrue

And you are wrong. I can tell this forum that you are a toothless skank whore that lives in a trailer in Georgia with her 12 infected children and it's still not slander. So don't be telling this poster that it is unless you have the legal background to support your opinion.

You can make a police report.

And, of course, you can tell this poster at WHICH police department to make the charge? Or in which city to file any supposed legal action?

Simply put, unless there were specific threats against this person, a restraining order will not be issued.

So, aside from the completely false information and the irrelevant issues, what good was this waste of space?

 

[Liz222]

I don't think it's right for someone to claim that you have threatened them with a criminal act when you have not done so. Myself and a few other posters have corrected him on his "mistaken" "opinion" several times. It doesn't stop him from making the same claim when a new poster enters the forum.

So, aside from the completely false information and the irrelevant issues, what good was this waste of space?

The information is not false, nor is it not a waste of space if I receive valid information that helps me determine that I have no basis for filing a complaint. I do not wish to clog up the legal system if it can be successfully argued thar my claim is meritless.

Look for the hyperlink "terms of service" most groups will have one and will usually have language around such issues, including an administrator or moderator.

There is no administrator or moderator, but perhaps I should run it by his ISP to see what they say about libelous material. Other posters have complained to his ISP in the past about him and nothing was done, so I don't think they really care.

You may be able to get a restraining order if you know who they are, otherwise, depending on what was said, the police may be able to obtain that information from the site, but again it may be dependent on how honest they were registering, or they may have to trace by the ip address.

He hasn't threatened me with bodily harm, so I don't think a restraining order is relevant. I know who he is as he has posted links to his web site which includes much personal information about himself.

The things they said were totally untrue and if anyone actually looked up my name would have see it was untrue, however most people don't look that far.

Very true. It makes me sad that I've been reading that forum for a couple of years with no problems and then this guy comes along telling his lies to the new posters who don't have a clue about him. He's very slick about getting the new posters to like him. The regular posters who know about him are frankly sick and tired of it and basically ignore it, so it's up to me and one or two others to battle the lies he's made up about me. If I don't, then I allow the new posters to believe his lies.

I really don't want to allow him to push me out of the forum, but I really can't take much more of this.

 

[You Are Guilty]

It's called Freedom of Speech. Perhaps you've heard of it.



Incidentally, written statements are libelous, not slanderous.

 

[BelizeBreeze]

Listen Liz, you do what you want. I really don't give a rat's ass. but you have no grounds for a restraining order, don't know where to file a police report of any sort of legal action, and even if you did, what transpired does not rise to the level of slander.

But then, you want to hear something different so you take the other advice. And spend your money in a futile attempt to learn a valuable lesson.

 

[Liz222]

but you have no grounds for a restraining order

Perhaps you didn't read my post where I said I realized this.

don't know where to file a police report of any sort of legal action

Perhaps you didn't read my post where I said I knew what city he lived in.

what transpired does not rise to the level of slander

Perhaps since you are wrong on the first two points above combined with the fact that you called another poster names, I don't exactly trust your "opinion." Besides, I haven't used the word "slander." It would be libel. If you knew what you were talking about you would not have made such a basic error.

I am through with your "advice."

 

[gryndor]

I can tell this forum that you are a toothless skank whore that lives in a trailer in Georgia with her 12 infected children and it's still not slander.

That's one hell of a way to make a point. Crystal clear though!

 

[rmet4nzkx]

Please let me clarify. First of all some things are stated in generic terms so posters may not wish to post things that identify them selves too much. I tried to answer in general terms. Yes people are entitled to free speach at the same time there is a higher weight for public policy and the public good.

If they say something that is false and can be proven and not opinion that is slander. Although in court, slander in the form of opinion as allowed, that why lawyers love to use outragous language when they can, but perjury is still perjury. It may be short of it now but it may change and still best to document.

For example, if you are the well known Dr ABC XYZ a psychologist and a person posts on the internet, that ""Dr. ABC XYZ" is calling themselves a doctor and or a psychologist and that they are neither and they are dangerous and stalking Me. " When what Dr. ABC XYZ did was to provide a post from that site (as evidence in court).

This is slander, first of all, since it states that Dr. ABC XYZ is NOT a psychologist or intitled to the title of doctor eg PhD, and they are. It is clear, at the same time, testimony in court is exempt from slander and Evidence codes allow for estoppel of evidence by the accuser/poster own words or conduct based on their own post. That is not stalking, it is stupidity on their to post things on the internet which disclose information they don't want people to know or as evidence in court. This is why it is important to document what you do to try to solve the problem and what they do, at some point they will cross the line.

Now, if you use my name or provide a means to identify me on this forum and say" you are a toothless skank whore that lives in a trailer in Georgia with her 12 infected children" and this interferes with my reputation the line is crossed unless my dentures fall out, my cel phone rings when someone calls the listing in the escort section and all of my 11 children in my trailier are infected.....

 

[BelizeBreeze]

If they say something that is false and can be proven and not opinion that is slander.

And again you are wrong because you are missing an essential element to prove slander and/or libel.

If you have 10 minutes on your hands, visit the nearest courthouse and find out the true meaning of slander/libel and the requisite elements under law. Because simply put, you have no earthly idea.

And, as to your example, it is NOT slander. PERIOD!

 

[divgradcurl]

And, as to your example, it is NOT slander. PERIOD!

Are you talking about the toothless skanky description? Actually, saying nasty things about a woman's sexual pecadillos IS one of the 4 common-law slander-per-se categories, so damages would be presumed, and damages would not need to be proven. In theory, at least -- I don't think the courts take this one too seriously anymore.

But the Dr ABC thingie above -- that WOULD be slander-per-se, and again, damages would be presumed. That's the common-law slander-per-se category of interfering with someone's business or occupation, and that one the courts DO take seriously...

But, as a general rule, unless you fall into one of the slander-per-se or libel-per-se categories, you need to prove damages.

Of course, on the Internet, you rarely get that far -- usually its proving "of and concerning" that is the tricky one to get past...