Defamation?

[Skinner]

I notice a lot of flaming posts on some internet boards I visit. I also notice that no one uses their real name. If all the posters are anonymous is anyone legally liable for what they post about another person?
Thanks,

S.

 

[jharris352]

Sure they are liable if you can pin them to their statement. The question is more does their statement reach the level of liable. Is their written statement untrue, is it about a RECOGNIZED PERSON, do people believe it, and does it cause actual harm. Because the posters are anonymous I imagine so are those being talked about. That would not be liable.

 

[Skinner]

Yes, all the posters use pseudonyms. So you have one anonymous poster making nasty remarks about another one who is also using a pseudonym.

 

[jharris352]

Thus no defamation....

 

[Michael Wechsler]

Thus no defamation....

Probably, but if the participants know who the pseudonyms belong to, there is a defamantion action. For example, if you're on a local board and have met several of these people during a monthly "user's group meeting", then a false statement that is damaging to a person defamed can be actionable. As jharris alludes, most of the time this is not the case.

 

[jharris352]

Probably, but if the participants know who the pseudonyms belong to, there is a defamantion action.

He has a point. Though remember defamation is not saying mean things. Its not even saying untrue things. To reach defamation you have to say untrue things about a person that others believe which causes DAMAGE to him/her.

I could say, "Law Professor is a nut job who has no idea what he is talking about." Hypothetically of course

That wouldn't rise to defamation unless someone who knew him on here, believed me and it cost Law Prof something definable. Defamation isn't just bad words, its belief and damage.

And just to set the record straight, I think Law Professor is pretty sharp.