Legal Question in Technology Law in California
is website information libel or defamation?
if someone creates a website that states information about you that is true but hurts your reputation do you have any legal rights? this is the case:
you report someone falsely of child abuse and they were never criminally charged because of no evidence. someone witnessed you making a threat to falsely acuse them. after the case is over they then retaliate by posting the facts of what you did on a website. is this libel? can they be charged for posting information about you online? unfortunately this person has 100% proof of this so i cant say they are lieing. what are my rights?
3 Answers from Attorneys
Re: is website information libel or defamation?
The "other type of claim" you might be able to assert is a privacy tort. There are about four types of torts coming under the general heading of invasion of privacy. The one of interest to you is probably "Public Disclosure of Private Facts." The prima facie case -- i.e., what is needed to get you to first base in court -- is a preliminary showing of (1) highly offensive public disclosure by defendant of private facts about the plaintiff; (2) no public interest; and (3) the disclosure caused damage (financial harm and/or emotional distress) to the plaintiff. The terms used in this description of the tort have somewhat technical meanings, e.g. "no public interest" means the facts are not newsworthy and there is no legitimate public interest (and hence no worthy purpose is served by the disclosure).
Re: is website information libel or defamation?
you may have rights outside that of defamation based on the facts you have submitted so far. please email me a more detailed account of your particular situation, and we can go from there.
Re: is website information libel or defamation?
Part of the definition of both libel and slander (the two primary forms of defamation) is that the statement must be false. A true statement thus cannot form the basis of a claim of libel or slander.
You may be able to assert some other type of claim, but I would need to know more facts before I could suggest what type, if any, might apply in your case.