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Topic: Blogs and Slander
| Author | Message |
| siperrono | Posted – 11/8/2007 3:32:45 PM | show profile | email poster Are blogs free to say anything they want even if it's slanderous? Can they be sued? What is the deal??? Do they have that much power? |
| nandy | Posted – 11/8/2007 3:40:49 PM | show profile Pretty much. But most have a ver-r-r-y small audiences. Usually not more than would be at a cocktail party. And slander is verbal; libel is the written form; both are defamation. |
| siperrono | Posted – 11/8/2007 3:48:21 PM | show profile right but when you google the name all of the Libel from their blogs comes up. It started with one blog and then all these other copy cat blogs picked up on it and are now posting major libel. Can anything be done about this?? |
| Mag Girl | Posted – 11/8/2007 3:49:27 PM | show profile Blog writers can definitely be sued for libel, if you know who the blogger is. |
| Mag Girl | Posted – 11/8/2007 3:50:41 PM | show profile Send a cease and desist letter telling all of them to remove the information from their sites or else they will face legal action. |
| siperrono | Posted – 11/8/2007 3:52:27 PM | show profile thank you for your replies do i send a cease and desist letter thru my lawyer or can I write one up myself, this is already costing sooo much money and time!! |
| siperrono | Posted – 11/8/2007 3:52:33 PM | show profile thank you for your replies do i send a cease and desist letter thru my lawyer or can I write one up myself, this is already costing sooo much money and time!! |
| siperrono | Posted – 11/8/2007 3:52:40 PM | show profile thank you for your replies do i send a cease and desist letter thru my lawyer or can I write one up myself, this is already costing sooo much money and time!! |
| Mag Girl | Posted – 11/8/2007 4:01:46 PM | show profile I am sure you could find a sample cease and desist letter online somewhere to send yourself, but it might have more weight coming from an attorney. I don't think it costs too much to have a letter drawn up by an attorney, but it might be worth it to try it yourself to see if you can get some action that way. |
| siperrono | Posted – 11/8/2007 4:06:46 PM | show profile thanks, that helps. these blogger can be like parasites when they flex their power muscles in a negative way. It's kinda scary |
| dribbledrive1 | Posted – 11/8/2007 4:11:10 PM | show profile The legal system has not yet settled how existing libelrules apply to the Web and blogs. But, yes, blogs and web sites have been sued for libel -- and paid settlements to close cases or had judgments rendered against them. What happened in your situation? |
| siperrono | Posted – 11/8/2007 4:45:56 PM | show profile I would rather email you personally about it because I don't want it to get out any further than it already has. Basically a blog posted lies and vicious material about a product and now when you google the name it comes up on the first page along with all these other "Friends Of Blogger" who have also posted it to their pages. ...THey're such scum. Anyway, it just seems unfair because they can really harm the business which is a new up and coming product (fashion/accessories related) |
| siperrono | Posted – 11/8/2007 4:59:58 PM | show profile also keep in mind the first posting was based on something personal having nothing to do with the product..the rest of the blogs snowballed as a result of the "blogger community of friends" crap. SCUM. |
| kellysmithreed | Posted – 11/8/2007 5:05:59 PM | show profile blogs and slander/libel hi all: from what i'v heard, it's only libel or slander if it's not true. In other words, if someone is saying that you steal or that your product is make of tree bark or something. But if your product is made of tree bark and they say something like, "tree bark sucks" then I don't think that's libel, just an opinion. Also, if the personal information is true, but just uncomfortable I don't think that's libel either... but I would definitely contact a lawyer. Most of the top blogs are owned by companies that have lawyers on their side. Personal blogs might be a different story though.. good luck. |
| siperrono | Posted – 11/8/2007 5:10:17 PM | show profile Definitly Libel the product is made from the GENUINE tree bark and these a-holes are (because they are vindictive a-holes) are claiming that it is FAKE Tree Bark. So yes, this looks like it's definitly Libel... |
| dribbledrive1 | Posted – 11/8/2007 5:28:02 PM | show profile It's more complex than that. Different states and the federal government have different definitions of libel. Truth is an absolute defense. Other common defenses are the statement was opinion rather than fact or that the statement was believed to be true by the speaker. If the statements were made by anonymous posters on a blog comment section, it's a gray area whether the blog itself is accountable for those statements. --hi all: from what i'v heard, it's only libel or slander if it's not true. In other words, if someone is saying that you steal or that your product is make of tree bark or something. But if your product is made of tree bark and they say something like, "tree bark sucks" then I don't think that's libel, just an opinion. Also, if the personal information is true, but just uncomfortable I don't think that's libel either... but I would definitely contact a lawyer. Most of the top blogs are owned by companies that have lawyers on their side. Personal blogs might be a different story though.. good luck.-- |
| kellysmithreed | Posted – 11/8/2007 6:26:06 PM | show profile Libel Whoa...I'm definitely not a lawyer but it sounds like you had some bad luck and while I'm not a personal blogger (so what do I know?), I'm surprised people would take so much time to say untrue things. It makes me sad. Again, good luck. |
| siperrono | Posted – 11/9/2007 10:04:17 AM | show profile | email poster Libel Definitly Libel...Looks like we're going to have to do something about it. Thanks for all your answers...x |
| WordyBird | Posted – 11/9/2007 10:42:01 PM | show profile Actually, as any old salt will tell you, truth is only a partial defense. It has to do with public figures vs. private citizens, whether there is malicious and personal intent, whether it's in the public interest to know, stuff like that. |
| questoo1 | Posted – 11/10/2007 8:05:34 AM | show profile I've got to think most people would take a cease and desist letter NOT from an attorney about as serious as a citizens arrest from a little old lady |
| dribbledrive1 | Posted – 11/10/2007 12:58:09 PM | show profile Actually, truth, as you'd suspect, is considered an ironclad defense against a libel charge. --Aratinga --nActually, as any old salt will tell you, truth is only a partial defense.-- |
| triplemoon | Posted – 11/10/2007 4:47:40 PM | show profile Yes Blogs do have that much power Refer to the case of blogger in Tennessee named Katherine Coble, who wrote a post about a rip-off employment agency. The agency got their lawyers to try to make her take down the post. Hilarity ensued, meaning that by the time things were done the first twenty searches in google for the employment agency, their lawyers, and the name of the owner of the employment company were occupied by bloggers talking about what scum they all were. It essentially destroyed their internet reputations. So I would be careful when making accusations against a reputable blog with a vast audience- the more you pursue this the more damage you may cause unless you have a valid claim. And by the way, bloggers are not scum nor are they parasites. |
| jazspin | Posted – 11/10/2007 9:12:52 PM | show profile Thanks Triplemoon, for defending bloggers! Not that I encourage slander/libel if that is indeed the case here (and without the facts, I have no way of knowing), but I'm so sick of people painting all bloggers with the same brush. |
| MsWebWriter | Posted – 11/11/2007 3:15:34 PM | show profile Be careful with cease and desist - try SEO Having your lawyer send one blogger a letter may make the situation escalate even more, as the writer may post the letter online (and possibly publish your personally identifiable info). Even if they hide your PII, it's like a rallying cry for their cohorts in the blogosphere, to post and repost your legal "threat" and gain more valuable space in the search results. Go legal if you must. But you may want to consult with a search specialist (even a savvy Web-design friend) who can help your client's site (or your site?) rank better and push down those negative blogs in the search results pages. |
| MsWebWriter | Posted – 11/11/2007 3:17:04 PM | show profile Be careful with cease and desist - try SEO Having your lawyer send one blogger a letter may make the situation escalate even more, as the writer may post the letter online (and possibly publish your personally identifiable info). Even if they hide your PII, it's like a rallying cry for their cohorts in the blogosphere, to post and repost your legal "threat" and gain more valuable space in the search results. Go legal if you must. But you may want to consult with a search specialist (even a savvy Web-design friend) who can help your client's site (or your site?) rank better and push down those negative blogs in the search results pages. |
