Sueing someone over forum comments about them

[wheresmrright]

I've been a member of a specific website for about 2 yrs. In those 2 years I've posted various problems I've been having to try and get advice in my relationship. I split up with the guy. He got a new girlfriend when I was almost 7mths pregnant. Naturally I was very angry as he'd told me we were going to get back together. I said a lot of things that maybe I shouldn't have said and now his new girlfriend has searched for my name on the net and found all these posts which I didn't even know were accessible that way. Now after showing them to him, they both want to sue me for writing about them on an advice website. What does everyone think. I feel sick on the stomach about all this. The only people who will be affected if they sue is me and our kids who are 4 and 3mths. What can I do? I need to know where I stand on this. Thanks.

[j-boe]

lol Could this even be held up in a court of law, anyone?

 

First, what were the things you wrote? And why can't you just deny them?

 

-j

[wheresmrright]

Just the way he was treating me and that his new girlfriend smokes heaps swears etc and is ugly, which is what any 7mth pregnant woman would probably say about the new girlfriend. Surely the case wouldn't even be accepted, I mean how many people get advice like this every day when they discuss their relationships you know....

[MollyElise]

hun don't worry about it, unless your b/f or his g/f is known to be a "suer" someone who sues constantly. Most ppl dont have the time, $, or desire to really screw w/ it. ANYWAYS even if he did go through w/ it, they wouldnt have a case. They're upset and trying to push your buttons... dont let them. Ignore them, tell them YES I said it and meant it. O and theres this other thing called FREE SPEECH.

[faeriechyld]

Hello there,

 

I understand you posted about your relationship on a forum online and that your ex and his new girlfriend found your posts. Now they are threatening to sue you.

 

I work at a law firm, and although I don't know the specifics, I highly doubt they have the ability to sue over this. They would need to do a lot more than just show your posts online. A friend of mine had to go to AOL and get them to help him prove that he had not instigated an online conversation with his ex girlfriend who had a restraining order against him. Unless these people are willing to go to great lengths, I think you are safe.

 

First of all, they would have to prove that this was you. That means they'd have to go to the administrator of the forum and get them to cooperate(which isn't too difficult if they have the right lawyer) and then get information that can prove WITHOUT a doubt that you are the poster of these messages.

 

Secondly, what do they plan on suing you for...exactly? I mean, the only way they could get a defamation suit is if you used their real names, including their last name, or they could prove that they are who you are talking about. This is also extremely difficult, as not even the administrator could prove that for them. That's more a "he said she said" type of situation.

 

All in all, I don't think they have a case, but if you would like, I will talk to one of the lawyers here and do some research into it to give a more "legal" perspective. I don't think I'm too far off in what I have said here. But let me know if you would like me to look into it. And maybe I can even help you get representation if this actually went to court, which I can't see happening.

 

Best wishes.

[wheresmrright]

Thank you. That makes me feel a lot better.

[avman]

While I'm not a lawyer, I have a little experience in this area. Here is what they would have to prove:

 

That you wrote the comments

That it is obvious to the layman that the comments are about them

That the comments are false (this is key, you can't sue someone for telling the truth)

That the comments are statements of facts and not opinions (its ok to call someone an idiot because that is an opinion, its not ok to call them a rapist if in fact they are not because you are passing it off as a fact)

That they were actually damaged by the comments and can prove it (lost a job, got a divorce, had to seek medical treatment, etc)

 

They are incredibly hard cases to prove so hardly anybody pursues them. Even if they do sue you can get it dismissed if they fail to make a good case for ALL the items listed above.

 

Don't lose any sleep over it. But I defer to faeriechyld for her expert opinions from the law firm.

[leanmean16]

theres no way in hell this junk would stand up in a court of law. your strategy should be straight denial...and make sure any personal details from your user account on this forum are removed so that-in the event they go ahead with this bs-you cant be 100% identified because generally forums dont keep old details once removed because they eat webspace.

 

dont worry...this couldnt get serious...it sounds like something out of a sitcom!

[wheresmrright]

The new girlfriend looked up my name for some reason and silly me had used my surname as my username. All the posts came up and she printed them all out. Must have a lot of time on her hands....