Facebook Defamation

[DrinkMoreWater]

Basically, two former friends of mine have created this "secret" facebook.com group. A "secret" facebook group is a group designed that nobody can search, see or know of its existence unless you are in the group--and you can only join if you are invited. They created this group in an attempt to ruin my reputation. It is basically just a hate group where they just write lies of everything negative about me. It soon escalated to where everyone at my current university is part of the group. People just make posts writing lies and whatnot of anything they can think of about me. It has completely ruined my reputation on campus, as well as my former job. The difficult part is the "secret" nature of this whole thing. There is no way I can gain access the group. So do I have a case?- because I technically cannot prove that it exist unless I get access to the group, and I can only get access if someone invites me. Is there anything a lawyer could do to subpoena the people I know is behind this so I someone could put a stop to this?

there was a case very similar to this in the new york supreme court this year. it seems she is suing facbook as well, which also seems to be pretty useless because they are pretty protected. i don't wish to sue anyone really. i just want this to stop, and if I have to sue, I will (if I have a case). would a scary letter of some type (cease and desist?) from a lawyer work? thanks for any help guys and yes I am progress of talking to a lawyer now. which type should I go for?--a internet law one or a libel/slander/defamation type one?

 

[user101]

Since it's online, it's in writing ie libel ("a false and malicious publication printed for the purpose of defaming a living person"). In order to prove libel you must in fact prove that a statement is false and malicious, and that it was posted in order to defame you.

A libel or slander suit is usually a hard one to prove, and take's a long time to litigate. You need to find out what this facebook group is called, and who the principal(s) ie: creators, names are, or name is. Once you locate the individual(s) that/who created the group you should serve them with a cease and desist letter, your lawyer will explain and assist you with this.

A cease and desist letter provides evidence you contacted the individual(s). If the group is shut down, you've remedied the situation. If not, per the warning in the cease and desist letter, you can take further action.

You need to find out who created the group. If not, you don't have much recourse. You need to prove the group is in existance. Once you find the principal(s) of the group, you can then file a lawsuit against the creator, or co-owners, of the group as well as facebook. Although facebook is most likely protected against this kind of thing, it will give you the opportunity to subpoena their records on the group, creation date, verification of owners, and even ip addresses. After you receive these records, you can amend the suit and drop facebook as a defendant.

Once you've obtained this information you can move forward. If you're able to verify that the group was a) created while, b) actively maintained on: a university computer/network, you can involve the school, possibly listing the school as a defendant in the lawsuit to file a subpoena for records of the person(s) suspected of creating and/or updating the facebook group including internet records. As the school may have a policy in place for appropriate internet usage, this/these individual(s) may face disciplinary action.

Based on the posts within the group by different person(s), you may be able to add other defendants onto the list as well.

Your first step is to prove the existence of this "secret" facebook group. Without proof of a group being in existence, it's going to be impossible to prove anything.

 

[DrinkMoreWater]

WOW, you have been more help than I could ever ask for. Thank you so much.

Would I be able to contact Facebook to verify the existence of the group?

Also would a lawyer be able to send some type of letter to demand records of this group---or would I need proof?

This is quite tricky. I am not sure how to gain access to the group...

Once I gain access, I have more than enough material for them to at least close it down...that I can worry about a potential suit. Problem is the damage is already done, and I hardly want to go through more legal stuff--unless the monetary value is worth it. Once again, thanks a lot.

Anyone else have any suggestions?

 

[user101]

Would I be able to contact Facebook to verify the existence of the group?
It's worth a try, however it's hard for me to say whether facebook would be a) willing to, or b) able to verify any group without knowing who the creator of the group is.

Also would a lawyer be able to send some type of letter to demand records of this group---or would I need proof?
A "demand" would be in the form of a subpoena, which is only valid if signed by a judge. For a subpoena to be granted, the judge would need proof of the group and that it in fact contains libel against yourself.

This is quite tricky. I am not sure how to gain access to the group.
Locate the source of some of these rumors within the university itself without divulging that you're going to pursue this matter legally. Being able to serve a cease and desist letter can help if you find yourself in a like situation later on that involve the same people. Find a way to get "invited" to this group without hinting that you are consulting with an attorney.

Once I gain access, I have more than enough material for them to at least close it down...that I can worry about a potential suit. Problem is the damage is already done, and I hardly want to go through more legal stuff--unless the monetary value is worth it. Once again, thanks a lot.
Facebook may in fact honor your request in shutting the group down if statements, and the purpose of the group, is to defame yourself. A cease and desist letter which is served to the owner(s) or co-owner(s) and any other person involved will provide valuable in future litigation if you find yourself continuing to have this same issue.

Ask your lawyer whether this case would merit seeking punitive damages, that is damages awarded to a plaintiff that are meant to punish the defendant for anti-social actions rather than reimburse the plaintiff for loss. Consult with your attorney to determine what amount, if any, this might be.

Make sure your lawyer is aware of exactly how this is effecting your life: harassment, invasion of privacy, etc. The more your lawyer knows, the better he or she can help.

Defamation cases can prove to be both time and financially consuming.

Determining the identity of the group creator is essential to serving him or her with a cease and desist letter. Without a doubt, if Facebook is served with the letter, they will take steps to shut down the group if your request is valid and they determine that the purpose of the group is to defame yourself.

Ask your lawyer what, if any part, the first amendment "freedom of speech", plays into this. But my suspicions are that he or she will tell you that slanderous, libelous or defamatory statements in writing do not fall within the parameters of this amendment as they are not truthful - unless, of course, they are.

Keep me updated!

 

[DrinkMoreWater]

Would I be able to contact Facebook to verify the existence of the group?
It's worth a try, however it's hard for me to say whether facebook would be a) willing to, or b) able to verify any group without knowing who the creator of the group is.

Also would a lawyer be able to send some type of letter to demand records of this group---or would I need proof?
A "demand" would be in the form of a subpoena, which is only valid if signed by a judge. For a subpoena to be granted, the judge would need proof of the group and that it in fact contains libel against yourself.

This is quite tricky. I am not sure how to gain access to the group.
Locate the source of some of these rumors within the university itself without divulging that you're going to pursue this matter legally. Being able to serve a cease and desist letter can help if you find yourself in a like situation later on that involve the same people. Find a way to get "invited" to this group without hinting that you are consulting with an attorney.

Once I gain access, I have more than enough material for them to at least close it down...that I can worry about a potential suit. Problem is the damage is already done, and I hardly want to go through more legal stuff--unless the monetary value is worth it. Once again, thanks a lot.
Facebook may in fact honor your request in shutting the group down if statements, and the purpose of the group, is to defame yourself. A cease and desist letter which is served to the owner(s) or co-owner(s) and any other person involved will provide valuable in future litigation if you find yourself continuing to have this same issue.

Ask your lawyer whether this case would merit seeking punitive damages, that is damages awarded to a plaintiff that are meant to punish the defendant for anti-social actions rather than reimburse the plaintiff for loss. Consult with your attorney to determine what amount, if any, this might be.

Make sure your lawyer is aware of exactly how this is effecting your life: harassment, invasion of privacy, etc. The more your lawyer knows, the better he or she can help.

Defamation cases can prove to be both time and financially consuming.

Determining the identity of the group creator is essential to serving him or her with a cease and desist letter. Without a doubt, if Facebook is served with the letter, they will take steps to shut down the group if your request is valid and they determine that the purpose of the group is to defame yourself.

Ask your lawyer what, if any part, the first amendment "freedom of speech", plays into this. But my suspicions are that he or she will tell you that slanderous, libelous or defamatory statements in writing do not fall within the parameters of this amendment as they are not truthful - unless, of course, they are.

Keep me updated!

You are a fountain of knowledge, I swear. An angel looking out for a fellow stranger, I am forever in gratitude. You have no idea how this has affected my life. I just want this to stop, and with your responses, I am getting closer than I have ever been. Thanks a MILLION. I wish I could send you money.

So basically I need to discuss what actions I can take with a lawyer. I shall do that.

It seems I need proof to pursue any type of legal action and that proof lies within gaining access to the group. Like I said, that is quite tricky, for there is no way to gain access when nobody will invite the "butt of joke" to the group--because there goes the jig, if you know what I mean?

I am thinking I could get a witness who can testify to its existence, which could serve as enough proof for a judge to demand a subpoena--gaining access to the group. Once access is gained, than we can locate all the defamation remarks and whom made made it and than take whatever kind of legal action from there. What do you think about that?

I'm trying to get a little creative, because this is quite the bad situation. But I honestly believe if there is a will, there is a way. If nobody wants to invite me, there has to be a way to force my way in.

And I will absolutely 1000% keep you updated. THANKS ONE MILLION!

 

[user101]

If you're fortunate enough to find a person who is willing to provide information to you about the group (ie: the owners name), you're able to serve him or her with the cease and desist letter which will lay out what legal action you're willing to take if he or she does not delete the group.

It all depends on what you want to come from this. If you simply want this group to be shut down, you may be able to serve both facebook and the owner of the group with a cease and desist letter (consult with your attorney as to what facebook is liable for as far as moderating their website). It's hard to say how much liability facebook has to moderating the content that is published within groups.

A cease and desist letter is more or less a "scare tactic", warning. It is not a court order, therefore the receiving party is not necessarily required to oblige. However, if they don't do what is asked of them, within the letter is included what will happen (ie: lawsuit, etc).

Usually a cease and desist letter will compel someone to act accordingly and comply. In closing, the three people you want to involve in this matter is a) facebook, b) the group owner, and c) your university. Your lawyer should be able to explain how each will be involved, and a lot of the termonology I used here most likely will be used when you consult with him or her.

It's my belief that an actual civil suit in which you're seeking monetary damages for this would be a waste of time and money. The goal is to get the group shut down. I'm sure you'll be successful with this, and I don't forsee it being too difficult once you have the information you need.

 

[DrinkMoreWater]

What if I can't get someone to reveal the information on the site for me?

How do I force my way in?

 

[user101]

What if I can't get someone to reveal the information on the site for me?
To proceed with anything, you need evidence in which you can point to for both a) a cease and desist better, and for b) a subpoena.

Basically once you have one piece of information, think of it as a strand on a blanket, pull hard enough and the blanket falls apart. Having knowledge of something existing without proof is hardly grounds to do any kind of litigating.

How do I force my way in?
It sounds like you need to be invited, find a way to be invited.