Someone trashed your name online, what do you do?
Someone trashed your name online?
what do i do if someone trashed your name online with false accusation and claims to deliberately destroy reputation...what is the proper procedure (we want to hire a lawyer but who do we sue?)
You will sue the person for libel, which is a written form of defamation. You have to procure the ISP to turn over info pertaining to the website the person used to trash you, and you could then find out who did it. it is called liable. you sue the entity responsible for the posts
its call slander yet legally you must have proof what they read aloud is invalid, also since freedom of speech is legal its hard to fight, But moral news if you have proof you requested them to halt their behavior and they havent you can get a demand of protection and take them to court, keep all annals of everything! It's called libel.
It's pretty involved and it'll cost a fortune.
A better way is to report the site to the police for bullying and harassment and report it to abuse(a)(their ISP). Their ISP can whip the site down for that.
And it won't cost you a cent.
Proving a defence of libel requires the following elements:
1) You must prove that the person made the statements alleged.
2) You must prove that the statements are false.
3) You must prove that the person knew the statements are false.
4) You must prove that they be made with malicious intent.
5) You must demonstrate that they have cause irreparable harm to your reputation.
6) You must demonstrate that you were harmed financially as a result.
Proving 1 - 4 should be easy. Proving #5 might be more difficult. Proving #6 is probably impossible. You can't sue for damages unless you hold actual damages.
Another problem is that you can't sue someone unless you have a name and street address. If you know the ISP of the person surrounded by question you can subpoena the ISP to release that information.
Do not bother the police. It's a civil matter and they won't get involved.
Find them and kick their a$$ but good!!