what is this called legally?

[spoofer]

What is the name of your state? WV

If someone sends private messages to another person on a website calling them names or "flaming" them is that considered harassment?

And if that same person sends private messages to friends of this victim who are also members of the same website spreading rumors is that harassment? Or is it considered libel?

And how hard would it be to prosecute them if at all. Wouldn't a Judge have to grant a subpoena to prove who is really sending the messages even if everyone knows who is doing it?

This is happening to a friend of mine. He is the one being harassed.

 

[seniorjudge]

Q: If someone sends private messages to another person on a website calling them names or "flaming" them is that considered harassment?

A: Depends on the content of the messages.


Q: And if that same person sends private messages to friends of this victim who are also members of the same website spreading rumors is that harassment? Or is it considered libel?

A: Depends on the content of the messages.


Q: And how hard would it be to prosecute them if at all. Wouldn't a Judge have to grant a subpoena to prove who is really sending the messages even if everyone knows who is doing it?

A: A very broad and hypothetical question; unanswerable.

 

[spoofer]

ok the messages are not threatening physical harm. they are saying my friend is a drug addict and a bum. and stating many things that my friend is supposed to have done. such as slept with a bunch of different people and that they have been sleeping with prostitues.

All of the things they are saying are lies. they are trying to hurt their reputation. can you answer the question with this information?

 

[racer72]

There is a very simple method to stop this type of harrassment, stay away from the website.

 

[quincy]

If the messages are falsely claiming your friend is a drug addict and sleeping with prostitutes, that is considered libel. There is a certain amount of "injury" to the reputation assumed in this case.

Your friend does not need to obtain a subpoena if he knows and can prove who is sending the messages. It is wise, however, to file suit and obtain a subpoena, and have the identity of the poster of the defamatory material revealed in this way, to avoid any dispute of identity later.

As long as there has been publication of defamatory comments (and courts everywhere recognize that accusing someone falsely of "moral failings" is libelous), and there has been a clear identification of your friend to whom the defamatory comments are targeted, and proof that the comments made were made with negligence on the part of the poster of the messages (that these were not "true" comments, comments honestly believed to be true, or "opinion"), and there is a reputational injury that results in damage to your friend's "social standing" or makes your friend appear uncommonly foolish through ridicule that goes beyond good-natured barbs or satire or exaggeration, then there is a basis for a defamation action. In addition, if it can be shown that the defamatory comments damaged your friend in his profession or business, then that is considered "real" injury, and your friend can be compensated for any monetary losses incurred as a result of the defamation with proof of this injury.

Defamation suits are expensive to bring, and take a lot of time to work their way through the court system. Damages awarded, if one wins a defamation suit, are often not worth the time and effort and money involved in bringing a suit. It is always wise to sit down with an attorney prior to bringing any action, to see if a suit is worth pursuing. Without a strong indication of reputational injury, it is generally not a suit that is worth pursuing.

You can have a court issue an injunction to prevent further postings, however, and to remove the defamatory content from the website.