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angelface75

Junior Member
I found some slanderous information on the internet about me. I have informed google over and over again to get rid of it since I have no way of informing the owner of the site where the information is on. Google is not cooperating with me on this matter, and I am getting very upset. What do I do?

regards
Miriam Ber
 


seniorjudge

Senior Member
Q: I found some slanderous information on the internet about me. I have informed google over and over again to get rid of it since I have no way of informing the owner of the site where the information is on. Google is not cooperating with me on this matter, and I am getting very upset. What do I do?

A: Hire a lawyer. Sue Google. Set aside $50K (if it's cheap) and three years (if it's quick). Since Google probably has more money than you, my estimates are probably really low.

Good luck. Post back with results.
 

scooter9

Junior Member
Can you be more specific with your claim? If these statements don't directly refer to you by name that can be difficult. However, for example if the information that is published is Public/ Legal information, there is nothing you can do. Except possibly contact the site or persons involved and ask them to remove it. Other than that you are right "You are Screwed". However, as another poster mentioned, Hire a lawyer. But you better have Big bucks to pay he or she. in the end you may get little satisfaction anyways. Good Luck.:)
 

quincy

Senior Member
While seniorjudge is correct in saying that suing an entity like Google over defamatory content appearing online is outrageously expensive and a lawsuit is, therefore, often not practical or worth pursuing, there are other, less expensive options available to you.

If you know the identity of the poster who posted the defamatory material, you can send a cease and desist letter to the poster (this is most effective if issued by a court but you can have an attorney draft one for you - sample cease and desist letters are available to review online). To save on the expense of an attorney, you can go to a free legal clinic or a law school for help wih the cease and desist letter.

If you wish to have the material removed from the site, properly identify the objectionable material and its location and send a "take-down" letter to the ISP (samples, again, can be found online, and help, again, can be obtained at a free legal clinic or law school). Specific information is required to locate the material. Once the notice of take-down is given, many ISPs will remove the material or disable access to the material. If the material is not removed, however, then you may need to head to court.

Here is where it can get expensive, although costs can be kept down, once again, if you can take advantage of help available at a free legal clinic.

In court, you must file suit against the poster for defamation. If you do not know the identity of the poster, you may file your lawsuit against "John Doe" and have the court issue a subpoena to the ISP ordering the release of the identity of the poster so the lawsuit can continue. The ISP will then, often, notify the poster of the subpoena prior to releasing any identifying information, so the poster has a chance to respond to the court order and potentially protect his true identity from being revealed by demonstrating a reasonable defense to the defamation claim (ie. truth, fair comment and criticism, consent, privilege).

To get your subpoena, a judge will generally require you prove the defamatory nature of the material - basically you need to bring your case before the judge to prove you have a reasonable cause of action against this poster. You should be prepared to present your "evidence" of the defamation (the libelous post made) and evidence of reputational injury caused by the defamatory posting. Without proof of reputational injury, you do not have good cause for a defamation action and the judge will not issue a subpoena and your defamation action against the poster will generally die there.

With proper evidence of defamation, however, you may also have the court issue an injunction against the poster at this time (this is similar to a cease and desist letter, although this order comes from the court) that orders him to stop the posting of any further objectionable material about you.

Courts are very protective of free speech, and are reluctant to issue orders prohibiting free expression without solid, reliable proof that the speech in question is defamatory or violates privacy laws or infringes in some way on another's legal rights. That is why it has become difficult to have material removed from an online website without prior proof of the material's illegal content.
 
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angelface75

Junior Member
Well actually yahoo is responsible for the content that is left on their stuff, and they are the ones who I should be pushing to remove before I take other steps. The stuff on their groups they are responsible for, so I think with them I will have to bug to do something about the content, then therefore if the content is not available and if someone does a search, even if the description is still there no one can find anything. I have a business I am starting and the last thing I need are false statements ruining my reputation. Anyway thanks for your help.

Regards,
Miriam Ber
 

Ozark_Sophist

Senior Member
There are numerous ways to approach your problem. Some companies "flood" the internet with positive things about you in order to move the negative items to the third or fourth page of google. Other companies will work to remove the information directly for a fee.
 

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