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What To Do If Someone Defame You Online?

April 26th, 2008 · 3 Comments

online-defamation.JPG 

From time to time, I received emails from friends or my blog followers asking me what to do if someone defame them online. I guess this is what we always known as “cyber bullies”.

Indeed, it is so easy to bully someone via Internet as it doesn’t cost the bulliers any thing to do so and at the same time they can remain anonymous.  

Situation 1 - you know who is defaming you or if the wrongdoer is using a paid hosting:

Action you may take in Situation 1:

1. write to him personally and telling him that what he has done is legally wrong

2. write to his hosting company or ISP as you may not know what he is doing may be in breach of the terms and conditions between him and his hosting service provider or his ISP

3. engage a lawyer to issue a legal letter to him

 

Situation 2- if the wrongdoer remain anonymous and he is using free blog content service, e.g. blogspot.com or wordpress.com

Action you may take in Situation 2:

1. you may follow step 1 as mentioned above

2. you may write to the free content hosting providers (e.g wordpress.com or blogspot.com) as you may not know what he is doing may be in breach of the terms and conditions between him and his free content hosting service provider

3. if he is using blogspot.com, you may “Flag” his blog to raise your objection. Please click at the below link for more detail: http://buzz.blogger.com/2005/08/flag-as-objectionable.html 

4. you may write to his advertisers, e.g. Google Adsense, Adverlets… for the same reason as stated in step 2 of Situation 2.

Act wisely in order not to get into Flaming War 

In fact, it is more important to attempt not to get yourself into this “flaming war”, then to take legal actions against the wrongdoers. Please click at the link for “Guide to Flaming” : http://www.webpronews.com/topnews/2001/08/28/internet-bullies-the-ugly-truth-about-online-forums-and-how-business-owners-can-stop-the-verbal-abuse?page=1   

Just a reminder, in the case of online defamation, the ISPs or publisher or blogger can not take the advantage of the protection extend to the traditional newspaper publishers or broadcaster.

For more details, please read some Canadian cases:

http://www.ipblog.ca/?p=83

http://www.ipblog.ca/?p=88

http://www.ipblog.ca/?p=128

Tags: Internet Law

3 responses so far ↓

  • 1 tingtitlei // Apr 26, 2008 at 6:08 pm

    hey bro.. go take a look in http://www.tingtitlei.com/?p=527#comment-2365

    someone is giving me a legal threat.

  • 2 emma // Mar 7, 2009 at 4:24 am

    do you have any law cases regarding online defamation in mlysia?

  • 3 Medical student // Jun 10, 2009 at 2:14 pm

    I have read several posts, and thus already flagged the involved blog. And have sent in warning comments to the blog owner. But apparently the “admin” filters them out, and refuses to post these information about the internet law.
    Thank you very much, your blog has been very informative. I apologize to perhaps have disturbed your busy routine Mr Law, but if you have advices and suggestions for me I will read and put them in heart. Thank you.

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