Slander, humilliation,harassment and attacks

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aphoto4you

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Is it against the law on Internet to disclose publicaly persons name and then humiliated them in public forums (for something they lied as a joke)by a company who conducts busiess on internet from australia? But the person in question is in USA...and how does law work based on these grounds? Person that is humilated and harassed and in fact that business posted on internet dirt on this person in forum, will this person have a case? If so, is it possible to get lawyer on contingency basis? BTW this persons livelyhood is damaged

Thanks
 
Generally, defamation is a false and unprivileged statement of fact that is harmful to someone's reputation, and published "with fault," meaning as a result of negligence or malice. State laws often define defamation in specific ways. Libel is a written defamation; slander is a spoken defamation.


In this instance it seems you are questioning whether or not there is grounds for a suit due to defamation.

The elements that must be proved to establish defamation are:
1.a publication to one other than the person defamed;
2.a false statement of fact; that is understood as
a. being of and concerning the plaintiff; and
b. tending to harm the reputation of plaintiff.
If the plaintiff is a public figure, he or she must also prove actual malice.

Perhaps the most critical issue is point number 2 (two).

If the claim is one that is TRUE even if it seems argumentative or negative to you, then there is no grounds for a case to be brought. Truth is an absolute defense to a defamation claim. But keep in mind that the truth may be difficult and expensive to prove.


There is much more to it of course, but if these first two basic questions can not be satisfied then there is little reason to proceed.
 
A lot would depend on what was actually said. If it was a lie about that person, then I would think that it would stand, however, if it was truth, whatever was said, I cant see it standing up under slander in a court of law, unless it breaches confidentiality of course, where it gives personal details like name and address, telephone number etc. If a person publishes truth about a person, it is no different to writing the news - if it is true, then I would have thought it would be ok.
 
Appreciated answer...
What happen i uploaded a photo but i gave description wrong where photo was taken....it was done for joke and to tease someone...This person proved it that photo was taken in different place then i described..and the issue grew into slander and calling me fraud...now the way person did it ishaded my reputation that all my work is fraud and lie...which is not just that one...This same person is going around internet and spreading this and contacting every website i am on to ruin my reputation...These are just basics to this problem...



Generally, defamation is a false and unprivileged statement of fact that is harmful to someone's reputation, and published "with fault," meaning as a result of negligence or malice. State laws often define defamation in specific ways. Libel is a written defamation; slander is a spoken defamation.


In this instance it seems you are questioning whether or not there is grounds for a suit due to defamation.

The elements that must be proved to establish defamation are:
1.a publication to one other than the person defamed;
2.a false statement of fact; that is understood as
a. being of and concerning the plaintiff; and
b. tending to harm the reputation of plaintiff.
If the plaintiff is a public figure, he or she must also prove actual malice.

Perhaps the most critical issue is point number 2 (two).

If the claim is one that is TRUE even if it seems argumentative or negative to you, then there is no grounds for a case to be brought. Truth is an absolute defense to a defamation claim. But keep in mind that the truth may be difficult and expensive to prove.


There is much more to it of course, but if these first two basic questions can not be satisfied then there is little reason to proceed.
 
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