Legal Question in Technology Law in California
distressed by internet posting
A week ago, my partners ex-wife posted specific details and very negative statements about my life on her Myspace blog. It is accessible to anyone with an account, and I use that site to post pictures for my family and friends in the midwest. This public posting includes her assessment of my work since I moved to CA a year ago. I am a registered nurse and was working part-time for a temp registry to get to know the area. She perceived this as my inability to hold a job. A few weeks ago I took a permanent position and am doing well despite this upsetting situation. I am having difficulty sleeping and have not gone a day without crying about this. I have worked in healthcare for 26 years and trust is very important with both my co-workers and my patients. I was offered this job based on a good resume and clean record, and they are pleased with my work, but I am beginning to suffer physically and tonight am exhausted after 8 hours on my feet. We have tried to talk to her, as have her adult children, and she says it's her right of free speech. I have done nothing to this woman. She will not have a reasonable conversation with anyone right now. Please point me in the right legal direction. Thank you for your time.
3 Answers from Attorneys
Re: distressed by internet posting
The right of free speech is balanced by a duty to refrain from libel and slander. At this point I think your best bet is rather than to file suit, to have a lawyer in this woman's area send her a letter stating that if the postings are not removed within X days, he or she will file suit (in her state and county) for libel. See what happens; it may be unnecessary to sue. As for going after the Web site, I think that's pointless; they will just say we're only the messenger.
Re: distressed by internet posting
I agree with Mr. Whipple's statements about the law, but I don't think libel and slander are the right legal issues for you to focus on. Libel and slander, by definition, involve false statements of fact. You say that your ex's statements are specific and negative but you don't say that they are false, which suggests to me that they are true. If the statements are true you can't sue for libel or slander, though you may have other legal remedies available to you. I would need more details before I could say what those remedies might be.
Re: distressed by internet posting
If what she's posted is FALSE, you might consider whether to sue her for LIBEL.
You can also demand that MySpace take down the offending material... but this is quite complicated... you'll need to consult an attorney who's familiar with CDA and related laws.
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