Legal Question in Legal Ethics in California

Regarding exposure of clerical individuals beleived by members of the public to have committed sexual abuse acts:

What is the law regarding profiles of these individuals (with photos) put up on a website by members of the public? Is this allowed under US law, or is a website like this liable for defamation?

Certain individuals on a particular website have not been convicted, or even summoned to address accusations in any legal court.

Information regarding them however has been publically put up on this particular website, with accusations of sexual misconduct in a particular church, and could be very damaging to certain individuals that may or may not be actually guilty of such accusations.


Asked on 9/03/10, 7:42 pm

1 Answer from Attorneys

Unless the accusations can be proven to be true, what you describe is a pretty clear case of defamation. What is not defamation, however, is a true report of fact, including a fact such as "Deacon Jones has been called before the church council to answer accusations of sexual abuse." Also opinion is not actionable defamation. And of course if the persons are actually guilty of the accusations, it is not defamation. Although if they are guilty of some accusations, but not others, there could still be defamation as to the unfounded accusations.

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Answered on 9/08/10, 8:34 pm


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