Legal Question in Business Law in New York
Is Anti-Advertising Illegal
I have an advertiser on my Web site who's defaulted in his contract. I want to run a Anti-Advertising campaign telling the community that he doesn't pay his bills. What guidelines can I follow if any? Is it legal to run such a campaign? My Web site has over 11 thousand visitors daily so I know it will be effective.
2 Answers from Attorneys
Re: Is Anti-Advertising Illegal
Your anger is understandable; however, keep in mind that you can publish only the fact that the advertiser has not paid YOUR bill (provided that it's true, of course), since publishing false information about someone to a third-party audience may amount to defamation. While it sounds that the advertiser is now in the wrong under contract theory (defaulting on a legitimate debt), you may ironically be found liable under tort theory (defamation), if you don't know for a fact that such advertiser does not pay his/her bills, those other than yours as well.
Re: Is Anti-Advertising Illegal
I received your post on 9-17-2001
Unfortunately, without creating legal difficulties for yourself, just sue him. Include in all of your contracts in the furture and agreement permitting you to recover for legal fees, etc.
Any questions, please contact me at [email protected]
Good Luck
RRG
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