INTERNET DEFAMATION / ONLINE SLANDER AND LIBEL / CIVIL HARASSMENT
Is someone trying to make your life miserable on the internet? Are they making defamatory, libelous or slanderous statements about you, your family, or your company?
Have you tried to get the postings or listings taken down to no avail. Have you asked the perpetrator to stop with no success?
Today, we are seeing all sorts of ploy on the internet that attempt to drag someone's name or their company through the mud.
Disgruntled employees are setting up websites or making online postings that defame their former boss or place of employment.
Angry medical patients are starting blogs and posting websites that state false statements of fact and down right defamatory content about their doctors or surgeons.
Students are bullying other students online or defaming their teachers by making false accusations on internet websites such as myspace.com, friendster.com, facebook.com, and free eblogger sites.
These defamatory postings threaten to damages the victims reputation in the community and may cause serious mental, emotional and career damage.
If all this sounds oh so familiar, contact us to see if there is a service we can provide to help eliminate, or alleviate the online defamation, cyber-bullying or civil harassment situation.
DIGITALDEFAMATION.COM
PROTECT YOUR GOOD NAME & REPUTATION
Defamatory Postings ж Corporate Tarnishing ж Private Photos and Videos ж False and Misleading Statements ж Exposing Personal Details Blackmail ж Hate Speech ж Smear Campaigns ж Cyber-harassment Cyber-bullying ж Hate e-Mail
DIGITALLY PUBLISHED AND DISTRIBUTED ON THE WORLD WIDE WEB AND STORED ON INTERNET SERVERS POTENTIALLY FOR ETERNITY
ITS TIME TO FIGHT BACK!
CALL
877-276-5084
IF YOUR BELIEVE YOU CORPORATE GOOD NAME OR PERSONAL REPUTATION IS BEING TARNISHED, DAMAGED, OR INJURED, CONTACT US FOR A FREE CONSULTATION
PROOF ELEMENTS FOR DEFAMATION
(1) A FALSE STATEMENT OF FACT (EXPRESSLY STATED OR BY INNUENDO)
Your attorney needs to be able to affirmatively PROVE the false statement of fact. Opinions are protected free speech under the First Amendment to the United States Constitution. It must truly be an opinion however.
(2) ABOUT A PERSON OR CORPORATION WHO IS REASONABLY IDENTIFIABLE
Under the law, a Corporation is treated as a "person" believe it or not. Note: You cannot defame the dead (how are you going to hurt their reputation of a dead person?)
(3) PUBLISHED TO A THIRD PARTY
"Publication" generally requires that a third person (someone besides the target of the defamation) actually see or hear the defamatory statement. Making false statements of fact when no one is around is NOT defamatory for legal purposes.
(4) STATEMENT TENDS TO INJURE THE REPUTATION OF THE PERSON OR CORPORATION OR PRODUCT
Hard feelings. Anger. Embarrassment. This is normally NOT enough injury to bring a lawsuit for defamation. Usually, there needs to be a definite and distinct injury to the reputation of Plaintiff before the Court's will allow a recovery. For good reason, defamation is referred to as the Tort of the Rich and Famous! It is much easier for a famous persons to establish there injury. There are four SPECIAL CATEGORIES, where damages to the REPUTATION OF THE person or corporation are presumed.
(i.) Publicating to a third party that a woman is UNCHASTE
(ii.) False statements of fact concerning a person's BUSINESS or PROFESSION
(iii.) Publicating to a third party that a person has a LOATHSOME DISEASE
(iv.) Publicating to a third party that a person has been convicted of a CRIME INVOLVING MORAL TURPITUDE
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THERE ARE TWO TYPES OF DEFAMATION:
LIBEL = Written Defamation / SLANDER = Spoken Defamation
California Civil Code: Law of Libel and Slander Defamation
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CALL
877-276-5084
IF YOUR BELIEVE YOU CORPORATE GOOD NAME OR PERSONAL REPUTATION IS BEING TARNISHED, DAMAGED, OR INJURED, CONTACT US FOR A FREE CONSULTATION
or visit The Law Offices of Steven C. Vondran on the web at www.VondranLaw.com
Put a Stop to Online Defamation and Digital "Trash-Talking
"Truth"
is an absolute defense to a defamation claim.
But keep in mind that the truth may be difficult and expensive to prove if you are named as a Defendant.
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OPINIONS
are protected Free Speech under the First Amendment!
Note: merely labeling a statement as your "opinion" does not always make it so. For example is a speaker says: "In my opinion you have AIDS" although the speaker prefaced the statement by saying it was just an "opinion" if it can be affirmatively proven that the subject of the speech did not have AIDS, then the statement is defamatory.
In deciding whether the statement is one of fact, or opinion, the Courts often use the "reasonable listener test" (meaning, would a reasonable listener, given the context of the communication, have concluded that the speaker was asserting a statement of fact). If so, the "opinion" becomes potentially actionable as a defamatory statement of fact.
The Law Offices of Steven C. Vondran EXCLUSIVE VIDEO: TIPS ON AVOIDING DEFAMATION (Coming Soon)
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THERE ARE TWO
FIRST AMENDMENT
CONSTITUTIONAL ISSUES
TO BE AWARE OF:
(1) THE SPECIAL PROOF CHALLENGE WHEN SUING THE MEDIA:
A Plaintiff who wishes to sue a media defendant for defamation (ex. suing the radio station or newspaper company) must show at least "negligence" on the part of the media defendant in order to recover.
If the Plaintiff happens to be a Public Figure / Public Official (discussed below) then they must prove "actual malice" on the part of the media defendant.
ACTUAL MALICE: Means you must show that the media defendant had KNOWLEDGE of the FALSITY of the statement, or that the media defendant acted in RECKLESS DISREGARD for ascertaining and reporting the truth. This can be a tough challenge to overcome, but is not insurmountable.
The Law Offices of Steven C. Vondran EXCLUSIVE VIDEO: IS A WEB BLOG PUBLISHER A MEDIA DEFENDANT ENTITLED TO THE "ACTUAL MALICE" STANDARD?
(2) THE SPECIAL CHALLENGE OF A "PUBLIC FIGURE" / "PUBLIC OFFICIAL" PLAINTIFF:
Public Figure: These are your sports stars, movie stars, tv stars, and those who "thrust themselves into a controversy."
Public Official: These are your politicians, and elected officials
THE PUBLIC HAS A LEGITIMATE RIGHT TO COMMENT ON THE ACTIONS AND ACTIVITIES OF PUBLIC FIGURES AND GOVERNMENT OFFICIALS. THIS IS THE CORNERSTONE OF A FREE SOCIETY - TO ENGAGE IN FREE AND OPEN DEBATE WITH A FREE FLOW OF IDEAS. THIS IS THE HEART AND SOUL OF THE FIRST AMENDMENT TO THE UNITED STATES CONSTITUTION.
Consequently, the burden will be on your attorney to prove the elements of "actual malice" (cited above) if you are a public figure or public official plaintiff.
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SOME OTHER GOOD DEFENSES FOR A DEFENDANT IN A DEFAMATION LAWSUIT INVOLVING EITHER LIBEL OR SLANDER
QUALIFIED IMMUNITIES ("Qualified" means if the speaker abuses the privilege - she loses the privilege). There may be more or less defenses available depending on the jurisdiction.
(1) Attorneys, Judges, and Legislators, in the course and scope of their duties, have a qualified immunity
(2) Witnesses at a trial also normally enjoy a qualified immunity so that they may testify truthfully
(3) Politicians in the course and scope of their legislative duties while on the floor have a qualified immunity
Note: The above scenarios assume the comments and statements made relate to the nature of the proceedings
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RETRACTIONS OF DEFAMATORY STATEMENTS
MAY SERVE AS A MITIGATING FACTOR FOR THE DEFENDANT AND MAY
REDUCE THE AMOUNT OF DAMAGES AWARDED TO THE PLAINTIFF
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LIABILITY FOR REPUBLISHING
DEFAMATORY STATEMENTS
Generally, anyone who repeats or republishes someone else's statements is just as responsible for their defamatory content as the original speaker if they knew, or had reason to know, of the defamation.
Note: Internet Service Providers (ISP's) have generally been granted immunity (per Section 230 of the Communications Decency Act) for most all forms of defamation that occur on websites hosted on their service. The rationale for this is that it is impossible for an ISP to verify the truthfulness of every statement posted on a webpage or blog. This is simply too cumbersome and unrealistic.
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THE LATEST RAGE: MEDIA LIABILITY INSURANCE
Many insurance companies are now offering media liability insurance policies designed to cover online libel claims that arises from distributors of information and communication over the internet. Premiums can vary greatly. Some homeowner's insurance policies provide protection against libel claims. Major Insurers offering Media Liability Insurance Coverage
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. NOT DEFAMATION - BUT STILL LEGALLY ACTIONABLE
(1) INVASION OF PRIVACY TORT - PLACING PLAINTIFF IN A "FALSE LIGHT"
The tort of "false light" (invasion of privacy) occurs where the publisher portrays something as being factual, but which in reality creates a false impression about the plaintiff. For example, writing an autobiography about a person but attributing to the subject views or opinions the subject never actually held or entertained.
Note: False light claims are subject to the same constitutional protections discussed above.
(2) INVASION OF PRIVACY TORT - "PUBLICATION OF PRIVATE FACTS"
To establish a claim for the tort of Right to Privacy Public Disclosure of Private Facts, the Plaintiff must generally prove each of the following: (a) an intentional public disclosure, (b) of a private fact, (c) concerning the Plaintiff, (d) that is not of legitimate public concern, and (e) is highly objectionable to a reasonable person (i.e. to a juror). For this tort, TRUTH IS NOT A DEFENSE!!!
The key is to prove the statement was highly offensive to a reasonable person. This is a factual question for the jury to decide, assuming the case gets past summary judgment.
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Defaming Goods and Services of a Company: TRADE LIBEL
Trade libel is defamation against the goods or services of a company or business. For example, saying that you found a dead roach in a can of beans when such is not true.
if someone or another company is disparaging or tarnishing your goods, or services, or company brand or trademarks, let us know. We can structure flat rate fees or low hourly rates depending upon the situation. Don't let those with unscrupulous motives post digital defamation on websites, blogs, bulletin boards, in podcasts, and other digital online places. Hire an attorney to put a stop to it.
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DEFAMATION RESOURCES
MediaLaw Resource Center
Major Insurers offering Media Liability Insurance Coverage
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CALL
877-276-5084
IF YOUR BELIEVE YOU CORPORATE GOOD NAME OR PERSONAL REPUTATION IS BEING TARNISHED, DAMAGED, OR INJURED, CONTACT US FOR A FREE CONSULTATION
or visit The Law Offices of Steven C. Vondran on the web at www.VondranLaw.com
Fighting For YOU!
California: 620 Newport Center Drive, Suite 1100 Newport Beach, CA 92660
Arizona: 2415 E. Camelback Road, Suite 700, Phoenix AZ 85016
Because most of our internet defamation law can be done, and is done, by phone fax and email between us and you we are able to serve our California clients in the following California Counties and Cities
Alameda
Albany
Berkeley
Dublin
Emeryville
Fremont
Hayward
Livermore
Newark
Oakland
Piedmont
Pleasanton
San Leandro
Union City
Amador
Amador City
Ione
Jackson
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Sutter Creek
Chico
Gridley
Oroville
Paradise
Angels Camp
Colusa
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Williams
Antioch
Brentwood
Clayton
Concord
Danville
El Cerrito
Hercules
Lafayette
Martinez
Moraga
Orinda
Pinole
Pittsburg
Pleasant Hill
Richmond
San Pablo
San Ramon
Walnut Creek
Crescent City
Placerville
South Lake Tahoe
Clovis
Coalinga
Firebaugh
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Fresno
Huron
Kerman
Kingsburg
Mendota
Orange Cove
Parlier
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San Joaquin
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