Legal Question in Personal Injury in Virginia
Libel on the Internet
I came across a free website which allows users to post pictures of females and add comments about them like how much of a slut she is, if she likes anal and oral sex,how many guys she has been with,whether she has any std's,and what her first name is,what City and State she lives in and what University she attends.He claims that he can't be sued for libel or defamation because the website is not entirely focusing on 1 girl,he is not knowingly allowing libel to happen because of disclaimers,he also says he has a 7 day grace period in most states to remove the picture once he's been notified it is libellous,he does not have a place for the girls last name, and the website is hosted outside the US and no court has jurisdiction to issue an injunction against the site.He also said a girl would have to prove that there were actual damages done as a direct result.He also says that once a girl posts her picture on the internet or gives her picture to someone that it is now public domain and not copyrighted and under the discretion of the current owner.He will not remove a girls picture if she asks. He is also thinking of transferring ownership to someone outside the US so he can't be traced.Can you sue him?
1 Answer from Attorneys
Re: Libel on the Internet
He's wrong on almost all points. Whether a judgment could be enforced is another question, but he can be sued and found liable for defamation (assuming the falsity of the statements made), invasion of privacy (maybe not actionable in all states, but certainly is in many), intentional infliction of emotional distress, and/or copyright infringement (if a copyrighted photo is used w/o permission).
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