Legal Question in Constitutional Law in Washington

right to privacy

My ex-husband's aunt sent a broadcast email gossiping about the effect my divorce has had on my state of mind and ability to cope. Is it legal to gossip about another individual's personal life on the Internet, where it is easily forwarded to anyone in the world?


Asked on 7/31/03, 9:59 am

1 Answer from Attorneys

Jeffrey A. Lustick, Esq The Lustick Law Firm

Re: right to privacy

If the gossip is false and tends to defame you, then you may have a legal cause of action. This is called �slander�, or in a written form, it�s called �libel.� There are two important exceptions, however. If the gossip is stated in the form of an opinion, or if the gossip stated is in fact true, then it�s not actionable and she can say what she wants.

You mentioned that this gossip is being sent through e-mails on the Internet. In my experience, most Internet service providers (ISP) have terms of service (TOS) which strictly prohibit anything that is even remotely slanderous or libelous. This is because under the law, there is a way that they can be held legally responsible for having the slander posted or sent using their service.

I recommend that you contact the ISP where this was sent and let them know that you think the gossip is libelous and slanderous. If the information names names and is really vulgar, chances are that they will suspend your ex�s aunt for a TOS violation. This is really all that you can do about it at this point.

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Answered on 7/31/03, 1:40 pm


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