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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My neighbor has posted 2 youtube videos of himself saying false

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My neighbor has posted 2 youtube videos of himself saying false allegations about me and insulting me publically. He even mentioned my name in the video's title.. Is there any legal recourse I can take for this. The neighbor did this basically to retaliate for me calling the cops on him.

Thank you for your question. Please permit me to assist you with your concerns.

To answer directly, provided he posted false information about you, you do have recourse. In that case you can sue for defamation of character and seek financial damages to your reputation.

To prove defamation you must show that these factors exist:
1. A defamatory comment (untrue comment)
2. Of or about you
3. Communicated to third parties &
4. Damages, specifically financial damages from the comments.

Truth is the ultimate defense. If he posted true things about you, that is not actionable. Opinion is not usually actionable as well. For example if he called you a jerk, that is not defamatory. But if he claimed that you called the cops on his 10 times in 2 days, or that you lied about why you called the cops, that becomes defamatory and creates a legitimate cause of action.

Hope that helps.

Customer: replied 3 years ago.

I have a business and my clients could see these false statements. How would I assess damage to my business? Is there no way that youtube can be forced to delete it?

Thank you for your follow-up, Natasha.

You can send a cease-and-desist letter to YouTube and request that they remove it, or they will become a party to the defamation themselves. But for that I would most definitely suggest retaining counsel, since a request by you without attorney letterhead would likely not be taken seriously and would likely be ignored.

As for how to access damages, that is really up to you to figure out what lost sales you had, if any, what damage you had to your brand, how many losses you can point to , and what this may cost you. You might need an accountant or an attorney to help you quantify your losses.

Good luck.

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