Legal Question in Business Law in New York
Libel on the internet
A website that reviews companies used my full name describing an incident to which I was not involved. They use specific words to describe my character as well as inplicate me in a situation to which I did not have any connection to.
When I asked to administrator/owner of the website to remove my full name he added a section to his website and re-stated the nasty things the original person on the site had posted. He also published a link so that anyone reading his site could view the letter (which was harmless) I had sent. I have never had a conversation with this person and do not know why he would go on an attack like this.
I have had clients read this information as well as friends and believe that professionally it is hurting my business.
5 Answers from Attorneys
Re: Libel on the internet
I agree that you may have a case of defamation with one caveat. There is a Federal Law which was recently interpreted and decided within the past month that web site administrators are not liable for defamation published on their websites by independent posters. Even if they were aware of the defamation and even if they had opportunity to remove the defamatory material but opted not to. It was decided that websites are like free-speech bulletin boards (As opposed to newspapers) and they do not have the obligation to check on the truth of each statement posted on them. In other words, you may have an action for defamation but unless this ruling is overturned (which is possible, but unlikely at least for the next few months or years) you would only have such an action against the original poster and not the administrators of the website themselves.
Re: Libel on the internet
I believe you probably have a good cause of action agaist the poster.
According to your letter the site administrator whoreposted the original, as well as your response, and then stated his own opinion, would probably not be liable.
Re: Libel on the internet
You may have a case for defamation, but we would need to hear and see more details to assess the situation.
Feel free to contact me for more information
Re: Libel on the internet
If the words used falsely accuse you of wrongdoing and wrongfully impute low moral character to you, you have a cause of action for libel. Both actual and nominal (punishment) damages are available to you. For further general information you can go to VeneziaLawFirm.com and read the article on libel and slander listed on the right hand side of the homepage. If you wish to arrange a consultation with our firm, please call us at 212-267-7000
Re: Libel on the internet
If as you say, this company published damaging information about you that is not true, you may have a defamation case against them�..this area of law does happen to be one of our specialties, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
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