had someone post on craigslist a harrassment about me and my wife,claiming that ia m a child molester, wanted in florida for said crimes,we mistreat our help.etc. I am not a sex offender nor there is no one with my name as a sex offender in florida. ...

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Question: 

had someone post on craigslist a harrassment about me and my wife,claiming that ia m a child molester, wanted in florida for said crimes,we mistreat our help.etc. I am not a sex offender nor there is no one with my name as a sex offender in florida. this person worked for us,craigslist wont give out thisperosn info without a court order. what can i do?

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DakotaLegal's picture

 

 
At least you have an idea concerning “Whom” it is that’s doing this. We’ll talk about (a) some legal service options, (b) proving damages, and (c) what kind of legal claims you can make, especially under the Stored Communications Act (SCA). If having money for a lawyer is an issue, try a sliding scale service (http://www.in.gov/ judiciary/probono /2343.htm). An Indiana law school may have a special interest in the unique aspects of your case and give you great advice…here’s Mauer Law Clinic’s link: http://law.indiana. edu/students/clinic/index. shtml.
 
 
Can You Stop Craigslist?
 
This may not be the only on-line listing and posting service that is carrying this innuendo and smears. But Craigslist is the biggest, independent source for such messages. Some people argue since Craigslist postings “expire anyway,” there’s not much to do or worry about. I disagree. There are some good resources on battling internet slander… http:// www.netslander.com/. I urge you to get a court order and file a Joan Doe Complaint: http://www.in.gov/judiciary/selfservice/.
 
The address of the slanderer can be uncovered. You can read about one of Craigslist’s unsuccessful efforts to prevent divulging a name under the SCA: http:// www.nets lander.com/.
 
Legal Claims
To show internet libel, you’ll have to prove the following elements:


  1. The first thing to prove is that the statement was a false statement of fact. This translates into being more than just an “opinion.” A “fact” can be proven true or false. Opinions are typically not libel.

  2. The false statements must have harmed your reputation. Obviously, there are false statements posted all over the internet. But in order to be libel, the statements must not only be false but must have harmed you (or your business) and cause harm. Keep evidence of lost sleep or other symptoms. Here’s a helpful place to see key parts of Indian’s internet slander and cases: http://www.citmedialaw. org/legal-guide/indiana-defamation-law.

  3. You’ll show the false statements were made without any “due diligence” or research into truthfulness of the statements, and you have to sue within 2 years (http://www.in.gov/legislative/ic/code/title34/ar11/ch2.html). You could even show the false statements of fact were made with this ex-employee’s full knowledge of being false.

  4. I’m assuming you are not a celebrity or public official. If you are, you’d have to prove “malice.” Malice is proven when that person posting the information on the internet intended to harm you or acted with reckless disregard of the truth.

There’s often confusion about the differences between defamation, libel, and slander. But there are differences which you need to understand when the false statements are made on-line.

  1. “Defamation” An unprivileged false statement of fact, which tends to harm your reputation, or your company. This word covers both libel and slander.

  2. “Libel” Defamation is written, and appears on Web pages (such as on a Craigslist board). Most on-line defamation is libel, and comes from posting onto a web page, comment, or bulletin board posting.

  3. “Slander” Defamation that is “spoken.” This may mean video, podcasts, or some kind of audio file.

So, the bottom line is that if you can find the person, then there are several legal options. You can use some of the suggestions above to identify low-cost legal services.
 
 
Other Issues
 
Finally, be prepared for the reality that anyone who would stoop this low, may find other ways to attack you. If you have kids, be ready to explain this pattern of slander. Be ready to police your identity from being stolen, as well. While there’s no certainty in using ID theft protection, having an identity guard service is an especially good idea for you, as someone who has already been virtually attacked.

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DakotaLegal's picture

 

 
At least you have an idea concerning “Whom” it is that’s doing this. We’ll talk about (a) some legal service options, (b) proving damages, and (c) what kind of legal claims you can make, especially under the Stored Communications Act (SCA). If having money for a lawyer is an issue, try a sliding scale service (http://www.in.gov/ judiciary/probono /2343.htm). An Indiana law school may have a special interest in the unique aspects of your case and give you great advice…here’s Mauer Law Clinic’s link: http://law.indiana. edu/students/clinic/index. shtml.
 
 
Can You Stop Craigslist?
 
This may not be the only on-line listing and posting service that is carrying this innuendo and smears. But Craigslist is the biggest, independent source for such messages. Some people argue since Craigslist postings “expire anyway,” there’s not much to do or worry about. I disagree. There are some good resources on battling internet slander… http:// www.netslander.com/. I urge you to get a court order and file a Joan Doe Complaint: http://www.in.gov/judiciary/selfservice/.
 
The address of the slanderer can be uncovered. You can read about one of Craigslist’s unsuccessful efforts to prevent divulging a name under the SCA: http:// www.nets lander.com/.
 
Legal Claims
To show internet libel, you’ll have to prove the following elements:


  1. The first thing to prove is that the statement was a false statement of fact. This translates into being more than just an “opinion.” A “fact” can be proven true or false. Opinions are typically not libel.

  2. The false statements must have harmed your reputation. Obviously, there are false statements posted all over the internet. But in order to be libel, the statements must not only be false but must have harmed you (or your business) and cause harm. Keep evidence of lost sleep or other symptoms. Here’s a helpful place to see key parts of Indian’s internet slander and cases: http://www.citmedialaw. org/legal-guide/indiana-defamation-law.

  3. You’ll show the false statements were made without any “due diligence” or research into truthfulness of the statements, and you have to sue within 2 years (http://www.in.gov/legislative/ic/code/title34/ar11/ch2.html). You could even show the false statements of fact were made with this ex-employee’s full knowledge of being false.

  4. I’m assuming you are not a celebrity or public official. If you are, you’d have to prove “malice.” Malice is proven when that person posting the information on the internet intended to harm you or acted with reckless disregard of the truth.

There’s often confusion about the differences between defamation, libel, and slander. But there are differences which you need to understand when the false statements are made on-line.

  1. “Defamation” An unprivileged false statement of fact, which tends to harm your reputation, or your company. This word covers both libel and slander.

  2. “Libel” Defamation is written, and appears on Web pages (such as on a Craigslist board). Most on-line defamation is libel, and comes from posting onto a web page, comment, or bulletin board posting.

  3. “Slander” Defamation that is “spoken.” This may mean video, podcasts, or some kind of audio file.

So, the bottom line is that if you can find the person, then there are several legal options. You can use some of the suggestions above to identify low-cost legal services.
 
 
Other Issues
 
Finally, be prepared for the reality that anyone who would stoop this low, may find other ways to attack you. If you have kids, be ready to explain this pattern of slander. Be ready to police your identity from being stolen, as well. While there’s no certainty in using ID theft protection, having an identity guard service is an especially good idea for you, as someone who has already been virtually attacked.