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Could you take legal action for facebook posts? #1396952
09/12/2012 11:39
09/12/2012 11:39
Joined: Dec 2005
Posts: 3,394
N
Nellybear Offline OP
I need some sleep
Nellybear  Offline OP
I need some sleep
N

Joined: Dec 2005
Posts: 3,394
Just a quick question,

Is it possible to take legal action against someone on Facebook for posting untruths?

E.G. Saying someone is committing money/business fraud when they are not?

Thanks


LSLO#8
Re: Could you take legal action for facebook posts? [Re: Nellybear] #1396953
09/12/2012 11:42
09/12/2012 11:42
Joined: Dec 2006
Posts: 3,927
The Faringdon Folly
O
oxfordSteve Offline
Forum is my job
oxfordSteve  Offline
Forum is my job
O

Joined: Dec 2006
Posts: 3,927
The Faringdon Folly
Given they went after people for posting about Lord Whassname on Twitter, I would have thought so, yes.




Re: Could you take legal action for facebook posts? [Re: Nellybear] #1396954
09/12/2012 11:43
09/12/2012 11:43
Joined: Dec 2005
Posts: 17,374
Staffordshire
Nigel Offline
Forum veteran
Nigel  Offline
Forum veteran

Joined: Dec 2005
Posts: 17,374
Staffordshire
Lord McAlpine seems to think so


[Linked Image]
Re: Could you take legal action for facebook posts? [Re: Nellybear] #1396955
09/12/2012 11:44
09/12/2012 11:44
Joined: Mar 2006
Posts: 8,852
Cambridge & Cotswolds
M
MeanRedSpider Offline
Je suis un Coupé
MeanRedSpider  Offline
Je suis un Coupé
M

Joined: Mar 2006
Posts: 8,852
Cambridge & Cotswolds
I'd have thought it was straightforward libel - especially so if the poster is in this country

Re: Could you take legal action for facebook posts? [Re: Nellybear] #1396957
09/12/2012 12:01
09/12/2012 12:01
Joined: Dec 2005
Posts: 3,394
N
Nellybear Offline OP
I need some sleep
Nellybear  Offline OP
I need some sleep
N

Joined: Dec 2005
Posts: 3,394
Both people are in this country. The posts involve pic's of text messages that are put up then given an untrue 'title' followed by various remarks from various people slatting an individual (who's not on facebook) based on the untrue 'title' of the pics


LSLO#8
Re: Could you take legal action for facebook posts? [Re: Nellybear] #1396958
09/12/2012 12:09
09/12/2012 12:09
Joined: Aug 2011
Posts: 2,595
angus, scotland
jimbob13 Offline
I need some sleep
jimbob13  Offline
I need some sleep

Joined: Aug 2011
Posts: 2,595
angus, scotland
All sounds very juvenile to me.

If it's causing any form of harm to the 'victim' then surely legal action should be a viable option.


[Linked Image]
Re: Could you take legal action for facebook posts? [Re: Nellybear] #1396962
09/12/2012 12:17
09/12/2012 12:17
Joined: Dec 2005
Posts: 3,394
N
Nellybear Offline OP
I need some sleep
Nellybear  Offline OP
I need some sleep
N

Joined: Dec 2005
Posts: 3,394
Jimbob. It is VERY juvenile.

But it's got to the point where it's
A. Getting boring
B. Getting personal
C. Effecting the whole family and
D. Nothing but lie's now (including money fraud and laundering)

Need to know if a strong letter may put an end to it once and for all


LSLO#8
Re: Could you take legal action for facebook posts? [Re: Nellybear] #1396965
09/12/2012 12:22
09/12/2012 12:22
Joined: Aug 2011
Posts: 2,595
angus, scotland
jimbob13 Offline
I need some sleep
jimbob13  Offline
I need some sleep

Joined: Aug 2011
Posts: 2,595
angus, scotland
I have often found that even when there is no real legal force behind it, with a strongly worded letter from a reputable legal advisor a certain type of person will *always* take heed.


[Linked Image]
Re: Could you take legal action for facebook posts? [Re: Nellybear] #1396974
09/12/2012 14:26
09/12/2012 14:26
Joined: Dec 2005
Posts: 1,673
SW London
Rudidudi Offline
My life on the forum
Rudidudi  Offline
My life on the forum

Joined: Dec 2005
Posts: 1,673
SW London
yes you can, defamation applies to fb too!

Re: Could you take legal action for facebook posts? [Re: Nellybear] #1396984
09/12/2012 16:13
09/12/2012 16:13
Joined: Jan 2006
Posts: 5,294
Portsmouth
A
ali_hire Offline
Forum is my life
ali_hire  Offline
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A

Joined: Jan 2006
Posts: 5,294
Portsmouth
If it's in writing then it's easy to prove. What's not so easy to prove is a claim that the comments have caused the victim to suffer a loss (which you must do if you intend to sue for damages).

I'd do as others suggest and get someone with a legal title on their letterhead to scare them off.

Re: Could you take legal action for facebook posts? [Re: Nellybear] #1396986
09/12/2012 16:23
09/12/2012 16:23

B
Biggenz
Unregistered
Biggenz
Unregistered
B



Find the person and knock him out. Job done, and much more satisfying than any legal battle. laugh

Re: Could you take legal action for facebook posts? [Re: Nellybear] #1396990
09/12/2012 16:43
09/12/2012 16:43
Joined: Jun 2006
Posts: 5,244
Watford, Herts.
H
Hyperlink Offline
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Hyperlink  Offline
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H

Joined: Jun 2006
Posts: 5,244
Watford, Herts.
It may be worth getting screen shots of the posts so if they delete them/ change them you have a record.

Re: Could you take legal action for facebook posts? [Re: Nellybear] #1396992
09/12/2012 16:49
09/12/2012 16:49
Joined: Aug 2000
Posts: 9,729
Zele, Belgium
Kayjey Offline
Club Member #10
Kayjey  Offline
Club Member #10
Je suis un Coupé

Joined: Aug 2000
Posts: 9,729
Zele, Belgium
Only valid if they are made in the presence of a bailiff.


- Kayjey -

[Linked Image]
[Linked Image]
Re: Could you take legal action for facebook posts? [Re: Kayjey] #1396996
09/12/2012 17:17
09/12/2012 17:17
Joined: Dec 2005
Posts: 4,837
Haslemere, Surrey
M
Mark_S Offline
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Mark_S  Offline
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Haslemere, Surrey
Originally Posted By: Kayjey
Only valid if they are made in the presence of a bailiff.


What, the screenshots?


997 C4S
Re: Could you take legal action for facebook posts? [Re: Nellybear] #1397016
09/12/2012 18:26
09/12/2012 18:26
Joined: Dec 2005
Posts: 21,879
Aldershot
PeteP Offline
Hon Club Member 005, Membership Secretary
PeteP  Offline
Hon Club Member 005, Membership Secretary
Forum Fossil

Joined: Dec 2005
Posts: 21,879
Aldershot
Belgian law I suspect.


16VT and X1/9 1500

We must all do our part for the planet.
I unplugged a row of electric cars that nobody was using.
I even unplugged my own.
Re: Could you take legal action for facebook posts? [Re: PeteP] #1397150
10/12/2012 04:21
10/12/2012 04:21
Joined: Dec 2005
Posts: 8,106
South Cambs
B
Barmybob Offline
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Je suis un Coupé
B

Joined: Dec 2005
Posts: 8,106
South Cambs
Much of the rights allowing persons to take legal redress for an instance such as this are in many ways European law Peter. It is all part of the ever so popular Human Rights Act rolleyes

Has the person who feels they are being defamed complained to Facebook - the broadcaster? Broadcasters are obligated to remove offending material as soon as they are notified of its existence. If they do not they themselves may be considered party to any claim.


Gone Audi mad!
Re: Could you take legal action for facebook posts? [Re: Nellybear] #1397171
10/12/2012 09:47
10/12/2012 09:47
Joined: Dec 2005
Posts: 21,879
Aldershot
PeteP Offline
Hon Club Member 005, Membership Secretary
PeteP  Offline
Hon Club Member 005, Membership Secretary
Forum Fossil

Joined: Dec 2005
Posts: 21,879
Aldershot
I was thinking of the witnessed recording by a bailiff Bob, rather than the law itself.

I think that a Belgian bailiff is probably more like a French Huissier de Justice or a British Commisioner of oaths.


16VT and X1/9 1500

We must all do our part for the planet.
I unplugged a row of electric cars that nobody was using.
I even unplugged my own.
Re: Could you take legal action for facebook posts? [Re: ] #1397220
10/12/2012 13:31
10/12/2012 13:31
Joined: Dec 2005
Posts: 3,394
N
Nellybear Offline OP
I need some sleep
Nellybear  Offline OP
I need some sleep
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Joined: Dec 2005
Posts: 3,394
Originally Posted By: Biggenz
Find the person and knock him out. Job done, and much more satisfying than any legal battle. laugh


Would love to but I don't hit woman thumb

I have screen shots saved, as this person has blocked me and the rest of my family the screenshots have come from a mate of mine who is still freinds with this other party.

Guess an email to FB with the screenshots attached is a start????


LSLO#8
Re: Could you take legal action for facebook posts? [Re: Nellybear] #1397366
11/12/2012 09:15
11/12/2012 09:15
Joined: Jul 2009
Posts: 2,618
SE Essex
charlie_croker Offline
I need some sleep
charlie_croker  Offline
I need some sleep

Joined: Jul 2009
Posts: 2,618
SE Essex
English law allows actions for libel to be brought in the High Court for any published statements which are alleged to defame a named or identifiable individual (or individuals) in a manner which causes them loss in their trade or profession, or causes a reasonable person to think worse of him, her or them.
“ A is liable for saying anything to C about B which would be apt to make the average citizen think worse of the latter. ”

A statement can include an implication; for instance, a photograph of a particular politician accompanying a headline reading "Corrupt Politicians" could be held as an allegation that that politician was personally corrupt. Once it is shown that a statement was published, and that it has a defamatory meaning, that statement is presumed to be false unless the defendant is able to raise a defence to his defamatory act.

The 2006 case of Keith-Smith v Williams confirmed that discussions on the Internet were public enough for libel to take place.

http://en.wikipedia.org/wiki/English_defamation_law


Happy
Re: Could you take legal action for facebook posts? [Re: charlie_croker] #1397386
11/12/2012 10:58
11/12/2012 10:58
Joined: Dec 2005
Posts: 12,546
Northumberland
AndrewR Offline
I AM a Coop
Happy Birthday AndrewR  Offline
I AM a Coop

Joined: Dec 2005
Posts: 12,546
Northumberland
Originally Posted By: charlie_croker
English law allows actions for libel to be brought in the High Court you to burn through money faster than an elephant on a cocaine binge


Typo corrected.


Dear monos, a secret truth.
Re: Could you take legal action for facebook posts? [Re: AndrewR] #1397387
11/12/2012 11:03
11/12/2012 11:03
Joined: Jul 2009
Posts: 2,618
SE Essex
charlie_croker Offline
I need some sleep
charlie_croker  Offline
I need some sleep

Joined: Jul 2009
Posts: 2,618
SE Essex
Originally Posted By: AndrewR
Originally Posted By: charlie_croker
English law allows actions for libel to be brought in the High Court you to burn through money faster than an elephant on a cocaine binge


Typo corrected.


Well spotted ;-) Phew thanks


Happy

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