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Joseph, Lawyer
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People are defamed in shcstory.com temporarily canceled by

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People are defamed in shcstory.com temporarily canceled by Yahoo, which said one is the most shameless in the world, corpse, etc. Can we sue the web owner?

True Buddha School
Submitted: 11 months ago.
Category: Legal
Expert:  Joseph replied 11 months ago.
Hello,

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

Can you tell me any specifics on what comments were made about people online?

Were they made by the website or by others?
Customer: replied 11 months ago.

"one is the most shameless in the world, corpse" was posted by shcstory.com

Expert:  Joseph replied 11 months ago.
Sorry, Keven, I'm not sure what that means. Was this comment or some other made about a particular person?
Customer: replied 11 months ago.

Yes, this was made on a certain person.

Expert:  Joseph replied 11 months ago.
I still think that I'm missing the context here. The most shameful what? Or was all that was said that sentence, which seems to not make any sense with ',corpse' at the end.

Were there any allegations that the person did something that they did not actually do?
Customer: replied 11 months ago.

one is the most shameless person in the world, corpse, etc.


Is it guilty?

Expert:  Joseph replied 11 months ago.
Hello Keven,

I'll look into this for you and get back to you shortly. (Although it would still be helpful if you can provide the additional information I requested).
Customer: replied 11 months ago.

The attorneys we spoke to said that this case is hard to win, because "name calling" is not considered defamation (in law). "Dead Meat, Walking Corpse, Shameless, ..." are name calling.

Expert:  Joseph replied 11 months ago.

Hello Kevin,

 

Yes, unfortunately, I agree with the attorneys you spoke to. This does amount to name-calling and would be unlikely to be considered defamation. In order to prove defamation, you would need a false statement of FACT.

 

This means a false allegation that someone has done something that they didn't do. If someone were called a child molester for instance, that would allege that he or she had molested children. Since that would be untrue, that would give rise to a cause of action for defamation.

 

However, calling someone a corpse, or the most shameful in the world, do not constitute false statements of fact and would be considered just name-calling.

 

That said, you still may be able to have this content removed by sending a 'cease and desist' letter to the website, stating that you will sue for defamation if the content is not removed. They may be worried enough about a law suit that they will take down the content voluntarily to comply with your cease and desist letter.

I hope the above information is helpful, although I realize it is not what you wanted to hear. I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate an honest and direct answer to your question. It would be unprofessional of me and unfair to you to provide you with anything less.

Please let me know if you have any follow up or clarifying questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get credit for my work. (It doesn’t cost you anything extra and is necessary even though you’ve made a deposit). Please also rate me highly (9-10) when you receive your customer satisfaction survey.

Thanks and best of luck!

-Joseph

Customer: replied 11 months ago.

The statement on the website that he and she have sex relation. Is it guilty? Of course, this is trablated from Chinese "搞上". When we search in Google and Yahoo, almost the usage is that. Is this guilty of invasion of privacy?

Expert:  Joseph replied 11 months ago.
Can you tell me if this is a true or false statement?
Customer: replied 11 months ago.

A false statement.


 

Expert:  Joseph replied 11 months ago.
Hello Kevin,

Yes, that would constitute defamation, because it is a false statement of fact that has been published to another party (viewers of the website).

Since the statement is regarding sexual conduct, there is also an argument that it could constitute defamation per se, which would eliminate the need to prove damages.

Normally, this is easier to prove if 'she' is suing rather than he, but both are possible.
Customer: replied 11 months ago.

Sorry, I should make it more clear. The words in the website says that A has sex relationship with B. In whatever the real situation is, either A or B can sue the web holder. Even if he/she did not post, it is quilty for that action.

Expert:  Joseph replied 11 months ago.
No, only the poster would possibly be liable for the statement not the website.

If the website were liable for defamatory comments posted on it, Facebook would have gone bankrupt along time ago due to defamation law suits.

You need to go after the poster directly.
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Experience: Attorney with significant and substantial experience in multiple areas of law.
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Customer: replied 11 months ago.

It is only the web owner can post the article, and it it is different from FB. If the words in the web article like as follows, is it quilty?



A, do you make love with B? If you dare not swear, you did not make such things, you would go to hell.


 

Expert:  Joseph replied 11 months ago.
That's phrased as a question, so it really doesn't constitute a false statement of FACT, so I'm afraid no, that is not defamation.
Customer: replied 11 months ago.

I will restate what I said as folows:


A ,the dead corpse. You lost morality like a corpose and you are the most shameless person in the world. You are a typical member of cult, and you have degraded to such a level since you joined in the line of cult.

Expert:  Joseph replied 11 months ago.
That is not defamation. It is name calling and 'opinion' statements. Defamation is incredibly hard to prove, and I'm afraid you just don't have a case.

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