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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 36125
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I have a minor granddaughterbdiagnosed with type 1 diabetes.

Customer Question

I have a minor granddaughterbdiagnosed with type 1 diabetes. Parents are separated. Mom's insurance doesn't cover the cost of her meds. The father, my son, does not work or pay child support. The oldest granddaughter, which is not his biological child, started a fundraiser to help defray the costnof meds. My son has gone on the site and posted how it's illegal since she didn't get his permission. Now people have stopped ordering t-shirts. What action can we take?
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.

Good evening,

I'm Doug, and I'm very sorry to hear of your family's situation. My goal is to provide you with excellent service today.

Quite simply, the statement that the site is illegal because it did not seek his permission is a false statement of facts and infers directly that the creator of the site has violated the law. This would constitute Defamation and your son could be sued by the site developer/operator for Defamation.

From a legal standpoint, defamation is the issuance of a false statement about another person, which causes that person to suffer harm.

1. Slander typically involves an oral (spoken) representation.
2. Libel involves the making of defamatory statements in a printed or fixed medium, such as the internet, a magazine or newspaper.

In order to win a defamation case, you must prove the following:

  1. A false statement was made about an individual, generally yourself;
  2. The statement was made to a third party;
  3. If the defamatory matter is of public concern, (for example if you are a famous person) fault amounting at least to negligence on the part of the publisher.
  4. Finally, you must show that you have suffered damages.

While in some cases of defamation you must actually prove that you have suffered some sort of damage, in other circumstances where there has been Defamation Per Se, the damages are presumed and you may simply ask for money.

The law generally recognizes four types of Defamation Per Se:

1. Where an allegation is made that a person has a loathsome disease. This is typically an allegation of a sexually transmitted disease.

2. The second type is a statement that a person committed a crime of moral turpitude. This can include everything from rape or theft to child abuse.

3. The third category deals with allegations of sexual deviance or the lack of being a virgin.

4. Finally,damages may be presumed if the false statement of facts affects a person’s reputation in regard to their business or profession.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2015,

Doug

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