Legal Question in Civil Litigation in Oregon
Public Internet Forum / Professional Libel or Slander
I am a state licensed person. Another person showing to have the same license type strongly inferred on a public forum of individuals with such licenses that I was violating state laws and regulations in my advertising. Not only did the person make the inference, the person invoked the names of the state board administrative members calling for them to investigate me. After many other licensees telling this person they were not correct and I had done nothing wrong, I tried to let it go.
Now months later, for no apparent reason, the same person has again repeated the post, on the same public internet forum for like licensed professionals, again inferring I am violating state law or doing something unethical.
What action do I take?
1 Answer from Attorneys
Re: Public Internet Forum / Professional Libel or Slander
You can sue the person for libel.
While a person who makes a formal complaint to a government agency has a privilege that negates libel, merely posting claims about your behavior on a web site does not have that privilege. Further, any outright statement that you have broken the law or engaged in illegal conduct is a very potent version of libel. Since you are not a "public figure," you need not prove that the person posted the claims about you did so with "malice."
Of course, suing for libel will probably cost you money, although some plaintiffs' attorneys might take the case on a contingency basis (get a share of any judgment but not otherwise charge you for their services).
You would need to prove, however, how the libelous statement harmed you in a concrete way. Did it prevent you from keeping or obtaining employment? Did it nullify your opportunity for consulting work? Did it make you an object of ridicule at work? That sort of thing.