Legal Question in Personal Injury in North Carolina
Defamation
A former friend has posted deraogatory statements about me on a computer game scoreboard. The game is owned by a local bar and is thus accessible to anyone who walks in there. At certain times, the computer will also cycle through screens and will then show this scoreboard without anyone having to play the game. My name is not very common and it is extremely embarassing to have this there. I am also concerned about what he may be saying to other people about me since we work for the same company. None of these statements are true. In addition to taking a picture of the scoreboard, what other evidence do I need. Can I tape a conversation where I confront him? Can I sue him and recover damages? Please, help me.
1 Answer from Attorneys
Re: Defamation
Wow. That's a weird question. Defamation consists of the publication of a false and dafamatory statement. Based on the facts you have given, these elements have been met (assuming somebody other than yourself has seen the screen). You have a lot of issues here, though. It is not clear the extent to which you can recover damages. As for proof, the photograph is of course good, but your testimony would suffice, as would the testimony of other witnesses. Another issue is a possible claim against the bar (even though they seem somewhat innocent in this, they are still sort of a party to the defamatory statements). A related issue is whether you could get an injunction against the friend or the bar, requiring that the message be deleted. As for taping this person, taping, even clandestine, is legal. If you're tapping or recording a phone conversation, one of the parties must consent.
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