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Attorney Arcadier
Attorney Arcadier, Attorney
Category: Business Law
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Experience:  Contract questions and Incorporation questions answered.
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Hi, does an individual have to be specifically named by their

Customer Question

Hi, does an individual have to be specifically named by their personal name, for libel to be valid?
Submitted: 4 years ago.
Category: Business Law
Expert:  Attorney Arcadier replied 4 years ago.

Attorney Arcadier : No. Not if it is clear who the person is.
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A colleague of mine and I maintain a couple of faith-based blogs. Another individual, a priest, today took one of the blog posts and ripped it apart, publicly, on his blog. But not only. He accused us of various things, none of which are true. He did not mention us by name, but we are the registered users of the blogs with Wordpress. To what extent is this able to go to court? In fact, he even challenged us to take him to court...


He also took our post and reposted on his blog, when both our blogs are copyrighted (we have ensured this) under US copyright law


He also used and published personal information that I gave him privately in an email...

Attorney Arcadier : If he is using your copyrighted material for profit or gain, then that is actionable. If a third party believes the falsehoods against you as a result of what the priest said, then that is actionable in court. I see no other claims.

yes third parties are already believing what he is saying, it is evident from their responses in his combox


Also, we are in MA while he is in NC - would this be actionable in NC or MA?

Attorney Arcadier : Its actionable wherever you incur damages.

its on the web, so reputation damages are everywhere - would it be actionable in both states?


Is he also liable for having divulged personal information publicly, which was given to him with the understanding that the info remain private?

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Expert:  Attorney Arcadier replied 4 years ago.
Its actionable in either state, but must pick one or the other. All claims need to be brought where you chose to file. No, no lawsuit for printing info you provided to him via email.

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