Libel Case Against Online Website Allowing Anonymous Postings

[vannabill]

Recently is was brought to my attention, a family member has become a target at her work place from former friends that she had a following out with and now are trying to get her fired from her work place. The posts include negative lies about my familiy members work schedule, and up to including her immigration status of including accusing her of being illegal and should be deported. Our state is California

Is there a case against the website owner, isp's, and postings because of the libelous comments especially accusations of being an illegal alien?

[Dogmatique]

What are your family member's damages?

[vannabill]

The most immediate is emotional distress, she is unable to sleep, worrying that this personal attacks are going to cause his employment issues, worried that her co-workers and customers may believe things being said about her etc...

[KeyWestDan]

Why or how would an employer and co-workers even know about the postings, much less go to that particular site? How on earth would customers know to go to that site?

In any case, there is no real case with any provable damages and no attorney will ever take it on contingency.

If someone is really worried, hire an attorney to do a cease and desist letter to the site, etc.

[cbg]

Let's put it another way. What ACTUAL, FINANCIAL damages has she suffered?

[BOR]

Recently is was brought to my attention, a family member has become a target at her work place from former friends that she had a following out with and now are trying to get her fired from her work place. The posts include negative lies about my familiy members work schedule, and up to including her immigration status of including accusing her of being illegal and should be deported. Our state is California

Consult an attorney. Compensable damages include more than simply those financial in nature.

Is there a case against the website owner, isp's, and postings because of the libelous comments especially accusations of being an illegal alien?

Ask the same attorney about liability. As a rule, federal law provides immunity to them, but if it was a continuing Tort and they declined to stop it, there could be liability.

[KeyWestDan]

There is no "continuing tort" exception to the DMCA. The ISP/web site is NOT liable PERIOD if they do not edit the content. If the content is posted by a third party (ie. message board, forum, chat, etc.) and it is not edited, there is NO liabililty, PERIOD. End of story.

If it is edited, then they have the same possible liability as a newspaper or other edited publication. But there are all sorts of defenses available and notice requirements, etc.

You have to sue the poster. You would include the ISP/site, but not for money damages, only for discovery purposes so you could get the identity of the poster. Then you would amend the John Does in the complaint to the actual poster(s).

Of course, even if someone files and manages the jurisdiction and other issues, chances are it will be dismissed.

Read some case law.

If the plaintiff can not prove money damages, there is no flipping way you can get damages for emotional injury. Just try it genius.

[vannabill]

[QUOTE=BOR;400087]Consult an attorney. Compensable damages include more than simply those financial in nature.



Ask the same attorney about liability. As a rule, federal law provides immunity to them, but if it was a continuing Tort and they declined to stop it, there could be liability.[/QUOTE

Thanks for the feedback!

I have actually emailed the site twice requesting they stop pointing out the anonymous libelous statements and have been ignored both times.