Legal Question in Technology Law in New York
Jurisdiction in a case involving an internet community
In this case, I feel I was slandered by the operators of an internet community. I am wondering which laws apply, as their website says they are organized in the Isle of Man. However the owners live in Great Britain and have taken certain steps as a result of court decisions there. Payments are sent to an address in New York City, and the specific slander was committed by an employee who lives there.
I was also wondering whether there is any greater standard to be met for slander (or is it libel? if it is in text on the internet) simply because it is on the internet, or if the same rules of damage and defamation apply.
I myself live in West Virginia, if that matters at all, but only for two months now.
3 Answers from Attorneys
Re: Jurisdiction in a case involving an internet community
Tort cases like this may generally be brought wherever the injury occurs, and in defamation cases that generally means anyplace where a third party saw the defamatory message.
Where the message was typed and where the author lives are not germaine to this point, and neither is your locale (although you could make an argument that you are injured wherever you might be, and this argumenr might work).
The address of the company that hosted the message might be important if the company knowingly allowed the message to appear on its system, but most company's don't censor their subscribers' content in this way and you might not have any basis to go after them.
And no, there is no different standard for defamation on the internet than in any other forum.
Re: Jurisdiction in a case involving an internet community
Unless this is more than a matter of principle... that is, unless there are big damages to you monetarily, forget it. It will cost you or your attorney a pile of money to pursue someone who is apparently good at using various jurisdictions to avoid legal and tax complications. Attorneys mostly avoid small slander and libel cases like the plague because the client seldom gets what he/she thinks is fair and the attorney is invariably blamed for the inevitable mixed results. If it is a big case with big damages and a deep pocket defendant, the costs become secondary, a successful outcome more likely and attorneys jump at the opportunity.
Think where you fit in the scheme of things before trying to get an attorney to take this. Otherwise you may end up wasting your time and money fighting a slander windmill with some starving attorney who can't finance a proper plaintiff's case.
Re: Jurisdiction in a case involving an internet community
I'm going to suggest that you evaluate proceeding against these guys in the UK instead of here. Benefits include (1) defamation laws are stricter, and (2) you get your legal fees if you win.
Down side: you pay their legal fees if you lose.
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