Hello, I am located in Los Angeles, California. Badboyreport.kr has put some libel about me on their website. How do I go about getting a court order that prevents Google and Bing from showing this defamatory page when my name is searched for? Is there a specific court form or process that I need to fill out? Thanks a lot!
Court Order to prevent my name from showing up in search engines?
- Thread Starter dvdguy11
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With regard to libel, are you sure it is libel - meaning a false statement that is damaging about you? If you cannot show that there is a false statement, just one that is disparaging, you will probably not be able to remove it. The best place to report to Google content that should not be indexed - under certain conditions - is this Google help page: Removing Content from Google
A court order is one where you file a lawsuit, sometimes against a "John Doe" if you don't know the actual name of the defendant or defendants, and then obtain a court order from the court directing a party to do something. Note that if you're interested in having the information removed from the site itself, the registrant is located in Korea. I didn't look to see where the site is hosted but it may also be located internationally, despite the fact that the site is in English.
This issue has become a significant problem and the U.S. government / legislature hasn't really seen fit to address this issue appropriately. Loopholes in the law allow sites like this and numerous others to be platforms to post significant amounts of false information with little recourse, if any. Perhaps the most famous case involves ripoff report, which many are under the impression is some type of BBB / nonprofit organization that protects consumers. It's a for-profit site and there have been many efforts made trying to remove content from that site as well.
You might want to take a try with the Google form first and see if it works for you.
A court order is one where you file a lawsuit, sometimes against a "John Doe" if you don't know the actual name of the defendant or defendants, and then obtain a court order from the court directing a party to do something. Note that if you're interested in having the information removed from the site itself, the registrant is located in Korea. I didn't look to see where the site is hosted but it may also be located internationally, despite the fact that the site is in English.
This issue has become a significant problem and the U.S. government / legislature hasn't really seen fit to address this issue appropriately. Loopholes in the law allow sites like this and numerous others to be platforms to post significant amounts of false information with little recourse, if any. Perhaps the most famous case involves ripoff report, which many are under the impression is some type of BBB / nonprofit organization that protects consumers. It's a for-profit site and there have been many efforts made trying to remove content from that site as well.
You might want to take a try with the Google form first and see if it works for you.
army judge
Super Moderator
The Professor is very informed about internet issues, among other things.
His advice is your best, easiest effort to effect what you wish.
All I can add is that there is no state court order that could stop your information from being posted all across this country.
It might have some effect in a specific state.
A federal court order has the ability to cause its order to be obeyed all across the US.
But, outside the sovereign territory of the US, its often meaningless, and unenforceable.
My guess is that with the internet, and many of these sites being hosted in third world countries, once its out there; it can't ever be destroyed.
The internet is a very wild wooly place.
disagreeable
Well-Known Member
They have done an excellent job of outlining your options. Further a court order from the US has no application in South Korea.
http://badboyreport.kr/removal-policy/
http://badboyreport.kr/removal-policy/
Well I know who originally wrote it. It was my ex-girlfriend, and she wrote it on CheaterVille, not badboyreport.kr , She is now supportive of me and has removed it from Cheaterville. She has never written anything on badboyreport.Kr .
I think The problem is badboyreport.KR is an extortion website. They have been known to copy and paste content from Cheaterville onto their own website. They were sued by CheaterVille for this once. Therefore I think that badboyreport.KR themselves put my information on their website. And they put the poster as anonymous.
I can prove that the original poster was my ex-girlfriend and that she posted it on Cheaterville (and has removed it from Cheaterville). She is on my side now, so if it's as simple as proving that she originally wrote it on Cheaterville and wants to retract it, then there's no problem. But how can I prove definitively that badboyreport.KR cut and pasted her post from cheaterVille onto their own website
I think The problem is badboyreport.KR is an extortion website. They have been known to copy and paste content from Cheaterville onto their own website. They were sued by CheaterVille for this once. Therefore I think that badboyreport.KR themselves put my information on their website. And they put the poster as anonymous.
I can prove that the original poster was my ex-girlfriend and that she posted it on Cheaterville (and has removed it from Cheaterville). She is on my side now, so if it's as simple as proving that she originally wrote it on Cheaterville and wants to retract it, then there's no problem. But how can I prove definitively that badboyreport.KR cut and pasted her post from cheaterVille onto their own website
army judge
Super Moderator
That badboyreport is funny as heck.
I'll return when I get bored.
I'll return when I get bored.
I don't need a federal court order. I just need to have it blocked in California, since I'm a working professional in California and my job depends on trust and rapport.
I believe it is defamatory. There's a lot more, but just some of the things written are: I cheated on my ex-girlfriend, and I have an STD, and I gave the STD to her, have low testosterone, made up religious lies related to angels to mislead her, and that I am lying about my business card, and employment.
I don't know if I can identify an individual to sue, and even if I do, that person is probably in Korea, so how can I sue badboyreport and get an injunction? With a court order like that, I think Google and Bing will take down the page from their search results.
I believe it is defamatory. There's a lot more, but just some of the things written are: I cheated on my ex-girlfriend, and I have an STD, and I gave the STD to her, have low testosterone, made up religious lies related to angels to mislead her, and that I am lying about my business card, and employment.
I don't know if I can identify an individual to sue, and even if I do, that person is probably in Korea, so how can I sue badboyreport and get an injunction? With a court order like that, I think Google and Bing will take down the page from their search results.
army judge
Super Moderator
Read the information on the response from "disagreeable".
In short, it says they believe in FREE SPEECH, and they refuse to take anything down.
They go on to say that the US government and its laws can't affect them in Korea.
You might have one avenue to pursue.
If you've been accused of having a sexually transmitted disease that's legally indefensible in a defamation or libel lawsuit.
That my friend, is actionable, and often quite rewarding financially.
If she falsely accused you of having a sexually transmitted disease, that's "defamtion per se".
That's jackpot justice time, my friend.
Even if she's broke and homeless, its still jackpot justice time.
Your day in court will vindicate you and cleanse the stain form your formerly untarnished name.
It might also be a way to help the guys and gals at "badboyreport" make an exception in your case!
Your medical records could easily prove she lied.
Read this:
http://www.injuryclaimcoach.com/defamation-of-character.html
http://www.toplawfirm.com/whatisdefamation.html
http://www.injuryclaimcoach.com/defamation-of-character.html
You might not get a fortune, but if you have suffered damages as result of her false and inflammatory accusation, you'll get her attention and make her squirm.
army, my ex is now supportive of me, and will retract, and has retracted stuff she has written. I'm not interested in going after her. I just want that post off of the internet. And if that's not possible, to get a court order that says it's defamatory so that I can send that to Google and Bing so they can remove that post from their search results.
Even if I don't know who owns the badboyreport or who to sue, can I, as Lawprofessor says, obtain a court order from the court directing a party to do something. And if I get that court order, I can send that to Google/Bing. Is this possible?
Even if I don't know who owns the badboyreport or who to sue, can I, as Lawprofessor says, obtain a court order from the court directing a party to do something. And if I get that court order, I can send that to Google/Bing. Is this possible?
Proserpina
Moderator
Trying to compel Google and Bing is not going to make the information go away.
(And there's something else - the very second you file, your private life becomes public. And do mean "public")
(And there's something else - the very second you file, your private life becomes public. And do mean "public")
army judge
Super Moderator
Here's your problem with badboy. They are based in Korea. No US court can compel them to do a darn thing in this instance.
Besides, they only allowed your EX to post those lies. She's the one that defamed you, not badboy.
I suggest you move on, because other than you, no one else was harmed. You've made up with the one that defamed you, so let it go. She may be pretending to be your pal. So, why not have her edit the post, or post a RETRACTION saying she LIED about you, was very angry, and SULLIED your pristine reputation when she accused you being infected with a sexually transmitted disease.
Badboy supports free speech, so they won't mind her posting a public apology and retraction.
There's your answer, and everyone wins!!!!
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