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  1. #1
    Join Date
    Sep 2009
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    Default Suing a Newspaper for Online Defamation

    My question involves defamation in the state of: California (94303)

    I would like to obtain information on hiring a lawyer for a possible libel suit. I'm not familiar with the process or the details, so I'm kind of winging it.

    In 2004 I was accused of a crime which was printed in a paper called the Palo Alto daily. The first time they printed it, they got the details almost correct. A few days later they posted about it again, this time SERIOUSLY altering the details to things that weren't true. Now I'm on the other end of my legal battle and completed all my obligations, their website STILL has two different accounts of my legal battle. The one that's untrue is seriously causing me a lot of grief in day to day life. I was wondering if I could speak to someone, or possibly obtain further information on how or if I can push this issue.

  2. #2
    Join Date
    Mar 2007
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    9,096

    Default Re: Suing a Newspaper for Online Defamation

    If they printed something that in untrue, ask for a revision.

    However, if it was all factual and/or opinion and you don't like the WAY the true facts or opinions were presented, you are going to have a really tough fight.

  3. #3
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    Sep 2005
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    98,846

    Default Re: Suing a Newspaper for Online Defamation

    The statute of limitations for defamation is ordinarily one year from the date you knew or should have known of the false communication. Courts have generally been hostile to the suggestion that including an old article in a website archive constitutes republication, with that typically being deemed part of a single publication as opposed to republication. You can go over the specifics of your case with a lawyer to see if a case can be made.

    Recall this:
    Quote Quoting Why Commencing A Defamation Action Is Not Aways A Good Idea
    While people who are targeted by lies may well be angry enough to file a lawsuit, there are some very good reasons why actions for defamation may not be a good idea.

    The publicity that results from a defamation lawsuit can create a greater audience for the false statements than they previously enjoyed. For example, if a newspaper or news show picks up the story of the lawsuit, false accusations that were previously known to only a small number of people may suddenly become known to the entire community, nation, or even to the world. As the media is much more apt to cover a lawsuit than to cover its ultimate resolution, the net effect may be that large numbers of people hear the false allegations, but never learn how the litigation was resolved.

    Another big issue is that defamation cases tend to be difficult to win, and damage awards tend to be small. As a result, it is unusual for attorneys to be willing to take defamation cases on a contingent fee basis, and the fees expended in litigating even a successful defamation action can exceed the total recovery.

    Another significant concern is that, even where the statements made by the defendant are entirely false, it may not be possible for a plaintiff to prove all of the elements of defamation. Most people will respond to news that a plaintiff lost a defamation lawsuit by concluding that the allegations were true.

    In other words, the plaintiff in a defamation action may be required to expend a considerable amount of money to bring the action, may experience significant negative publicity which repeats the false accusations, and if unsuccessful in the litigation may cement into the public consciousness the belief that the defamatory accusations were true. While many plaintiffs will be able to successfully prosecute defamation actions, the possible downside should be considered when deciding whether or not such litigation should be attempted.

  4. #4
    Join Date
    Aug 2006
    Posts
    563

    Default Re: Suing a Newspaper for Online Defamation

    they say news is not available online where did you find two different versions of your story?

    quote

    You won't find any news on this site. Giving away news online is a dumb way to do business. News is valuable. We put our news in print. The news creates demand for our paper, and increased readership makes our ads more effective than advertising in any other medium.

  5. #5
    Join Date
    Sep 2009
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    2

    Default Re: Suing a Newspaper for Online Defamation

    Maybe I should have been more descriptive. One article they have in their archives online is correct, the other one is an all out fabrication. It was looking like I was in something deep. I'm not sure if they decided to embellish the facts because I was looking at serious time or what. But I'm very well aware of the difference between opinion and fact. They stated I did something that I did not do. No where in the court records did it state I performed any of the actions they claim. Yet this record can be googled by putting in my name, and it's cost me a job recently. I feel bullied and used by them to push their paper.

    Just for a heads up, this isn't like your usual type of newspaper. This is one of those community style rags that focuses on things like lost dogs and city council.

    Upon more research, it wasn't the daily. it appears to be a entity of it's own.

    paloaltoonline.com is the site

  6. #6
    Join Date
    Mar 2009
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    Key West, FL
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    2,350

    Default Re: Suing a Newspaper for Online Defamation

    In Florida and many other states you have to provide a 5-day or other notice to the publication for a retraction or correction. Check the law in Florida.
    A formal notice of intent to sue might get it removed. They probably aren't going to care about some old article and they might not be able to afford the cost of a civil action.

    Winning a defamation lawsuit is extremely difficult under the best of circumstances. You say you have completed all your obligations. That certainly sounds like you were convicted. No attorney will touch your case on contingency.

    Even if you could prove libel which is unlikely due to all the defenses there are, you can't prove much in the way of damages. Not enough to make it worthwhile.

    And as mentioned, the statute of limitations runs from the date of first publication. Re-publication or being on the web does NOT re-trigger the statute of limitations. This is settled case law.

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