Slander from an Adult About a Teen

[brown4]

My question involves defamation in the state of: Indiana

what can be done about two 20 something males, writing on facebook, that a 17 yr old girl has aids, is very sexually active, does and sells drugs, and calls her all knds of horrible names.

[aardvarc]

Name calling is free speech. If they've knowingly made untrue statements as fact, and she has damages that she can prove in court (such as losing a job, being arrested, being denied a promotion, etc.), then she can retain an attorney and attempt to sue to be made financially whole from any damages she suffered, and then if successful, ask for punative damages on top, and that the defendants pay her court costs.

She can contact local attorneys who will often give a free initial consultation, but she needs to be aware that (a) these cases are based on DAMAGES she can QUANTIFY and PROVE, and (b) that she's likely to be looking at many thousands of dollars of retainer fees to take such a case to trial.

Short of taking it all the way to filing suit, she can work with an attorney to send the individuals in question a "cease and decist" letter - advising that she's aware of their statements and is considering legal action. Sometimes that's enough to help people understand that there could be consequences for such statements.

She should also contact the website administration and report it.

[KeyWestDan]

First, some libel is libel per se, like accusing someone of having AIDS. Libel per se does not require proof of actual damages.

A minor though would have to have her parents sue on her behalf. You would name Facebook and the individuals. That would get the page removed in a heartbeat. Of course, it would cost a bundle for the attorney.

Getting an attorney to write a cease and desist letter would be the first step and the most economical approach.