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. ... [1]
Jurisdiction:
- Indiana [3]
Area of Law:
Question:
Selected Answer:
[10]
Submitted by DakotaLegal [9] on
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 [11]). 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 [12].
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/ [13]. I urge you to get a court order and file a Joan Doe Complaint: http://www.in.gov/judiciary/selfservice/ [14].
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/ [13].
Legal Claims
To show internet libel, you’ll have to prove the following elements:
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.
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.