| CHARACTER DEFAMATION, REPUTATION MANAGEMENT AND THE INTERNET
Your Online Reputation can be harmed by Internet Defamation. Online Reputation Management addresses the growing problem of Defamation On Internet.
Internet Defamation Law is central to Internet Reputation Management and addressing Character Defamation and Online Reputation damage. Libel Defamation and Slander Defamation are separate parts of Defamation Law. Reputation Management begins with understanding the difference.
Character Defamation on the Internet is primarily Libel Defamation.
The remedy is to file a Defamation Lawsuit under your state's Defamation Laws. There is also false light which is part of what can be termed Reputation Law. False Light casts doubt on your Character and is Defamation. Defamation Cases at this time do not include holding the owner or operator of the website or blog liable for Defamation Damages. This is because of a 1996 Federal law known as the Communications Decency Act.
“THE COMMUNICATIONS DECENCY ACT – CDA”
Because of the CDA, you can only bring your Defamation Suit against the individual creating the Public Defamation to defend your Online Reputation and Character.
The CDA or Communications Decency Act was written by Congress with the specific purpose of not holding website owners and operators liable in the same way a newspaper publisher is held liable for printing Character Defamation. The intent of Congress was to ensure the Internet could grow and expand without such limitations.
Business Corporations Are Not Immune
Gripe websites, defamation by an ex employee, or whisper campaigns by competitors are as harmful as personal online reputation attacks.
Ask your Defamation Lawyer about Violation of Trade Secrets Laws, Interference with Business Relations cases, and Unfair Competition lawsuits.
Defamation of an employer may even implicate Labor Laws.
Your Online Reputation Lawsuit
Defamation Lawyers know of the legal limitations at this time to hold website owners and operators responsible under the Law. Your Defamation Lawyer must therefore bring your Defamation Lawsuit against the creator of the Online Defamation. Your Online Reputation Case should also include Tortious Interference and Emotional Distress as applicable so that your Libel Suit covers all bases.
Defamation On Internet – Reputation Management Laws
Character Defamation
Defamation law provides lawsuit money damages against a defamation defendant where a false statement about you causes you harm. Your Defamation Lawsuit will either be a libel defamation lawsuit (written statement) or a slander defamation suit (oral statement). Internet Defamation Cases are typically libel defamation.
“Be prepared for your Defamation Lawyer who will want to know…”
Character Defamation elements of proof:
- a statement;
- that was false or defamatory;
- was made negligently or carelessly; and
- you suffered damage, such as an injury to your reputation.
Online Reputation Attacks Can Be Vicious – Presumed Damages?
“Per Se” Reputation Law
Your Defamation Lawsuit may be “per se,” meaning your damages are presumed. This occurs when your reputation and character is attacked more personally such as allegations of adultery, allegations that one has an STD, or allegations that a person has committed a crime or fraudulent act. Defamation Laws differ by state so it is important your defamation attorney let’s you know how strong your defamation lawsuit is.
In Florida, your defamation case would be based on a statement that:
- Tends to subject persons to hatred, distrust, ridicule, contempt, or disgrace;
- Tends to injure a person in a trade or profession; or
- Attributes to a person either conduct, characteristics, or conditions incompatible with the proper exercise of a lawful business, trade, profession or office;
- In which defamation lawsuit, civil money damages are presumed.
More Internet Defamation Law Options for Reputation Management
Invasion of Privacy
Ever wondered what it would be like to have your entire life under a microscope – like movie stars and music idols? Your reputation and emotional state can be harmed even if you are not famous. You may have your own Personal Internet Reputation Paparazzi.
Florida recognizes four types of lawsuits for invasion of privacy:
(1) Appropriation: Unauthorized use of a person’s name or likeness to obtain some benefit.
(2) Intrusion: Physically or electronically intruding into one’s private quarters or person.
(3) Public Disclosure of Private Facts: Publication of private facts that are offensive to the reasonable person and not of legitimate public concern.
(4) False Light: Publication of facts that place a person in a false light even though the facts themselves may not be defamatory.
Cyberstalking Online Harassment Cyberstalking Laws
Your Personal Internet Reputation Paparazzi may become, and typically do become, obsessed with following you and your online reputation around the internet. This is an issue nationwide presented by the Internet with the ability to spread fast making Reputation Management an issue for anyone in any walk of life.
“The Internet Is Expanding – So Is The Nature Of Cyberstalking”
We all know of the crimes that escalate from stalking and the advent of Cyberstalking. The Florida Computer Crime Center puts it this way:
Stalking of any kind creates serious danger and trauma for its victims. Frequently, stalking or cyberstalking takes place as part of a continuum of other crimes of sexual violence or interpersonal violence.
But with Internet blogs, forums, gripe websites, and email, Internet Defamation becomes so pervasive, hunting your online reputation becomes so obsessive, that you may be a victim of Cyberstalking.
Florida Statute 784.048 defines cyberstalking as "engaging in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.
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