Legal Question in Technology Law in California
When is a website slanderous/libelous?
When is a webiste considered slanderous and/or libelous? I have come across a website that says some nasty things about me. They are all true, but things that I thought were told as secrets. Do I have any civil recourse? Thanks.
3 Answers from Attorneys
Re: When is a website slanderous/libelous?
Falsity is part of the definition of both slander and libel, so if these statements are true then you cannot succeed under either of theselegal theories.
You might have a valid cause of action for invasion of privacy and/oror, depending upon how the information is presented, false light publicity. I would need to know more about the situation before I could suggest how viable such claims might be.
Re: When is a website slanderous/libelous?
in a nutshell, in order for defamation to occur, regardless if its deemed slander or libel, the statement(s) made must be false, published to a 3rd party intentionally or negligently, and most importantly, understood by that third party for it to be actionable. here, if the statement are true, this would be deemed a valid defense to a defamation claim. however, from the facts you have further mentioned in your post here, you may have standing to pursue a invasion of privacy claim in the alternative (i.e. public disclosure of private information). you may want to gear your legal research along those lines.
Re: When is a website slanderous/libelous?
Truth is a defense to a defamation charge. So, this tort is not available for you.
Your facts suggest that you may have a claim under a different tort theory called (among other things) "public disclosure of private facts."
The principle is that it may be an actionable invasion of privacy to disclose to the public in general embarrassing or damaging information about an individual, even if it is true. To win such a case, it is further necessary to show that the person whose privacy is invaded is not a public figure (like Bill Clinton or Michael Jackson), and also that there is no redeeming public need for the information disclosed, e.g. that John Doe is a pyromaniac, a fact that the neightbors might be entitled to know.