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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33803
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I need help on libel. I live in Japan, but it is in regards

Customer Question

I need help on libel.
JA: Because laws vary from place to place, can you tell me what state you're in?
Customer: I live in Japan, but it is in regards ***** ***** US internet forum
JA: Has anything been filed or reported?
Customer: No.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I just need help to know what I did was considered libel
Submitted: 1 month ago.
Category: Legal
Expert:  Barrister replied 1 month ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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For a cause of action for libel or defamation someone would have to prove damages and the following elements:

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a defamatory statement;

published to third parties; and

which the speaker or publisher knew or should have known was false.

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So if a plaintiff can prove those three things, they can sue for damages to set an example and deter future similar conduct.

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If you can give me a few more details about what was said, I can comment further..

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thanks

Barrister

Customer: replied 1 month ago.
I was on a forum (A huge one with lots of money and millions of members) and I wanted a question I made deleted. So I went to a chat room (This is where most things are sorted out apparently , not by the forum owners , but other members or moderators) I the people there said they won't delete the post. To which I said the content was mine and copyrighted as soon as I posted it. Their answer was that I singed an agreement and that as soon as I posted the content becomes theirs. To which I said "In a court, copyright law would win over an internet forum agreement", there was some back and forth , I said that I am not scared and they basically egged me on to try to sue the forum. I basically said "why would I bother to sue over such a trivial thing as getting a post removed?". So they asked why bring this up then, to which I said "I was just stating that I believe they would lose if someone was to challenge them over whos content it was". I ended the discussion with a childish statement "F**k I hate this forum sometimes". So is saying that they would lose in court when I don't really know if they would libel and also is my last statement considered libel? Thank you
Expert:  Barrister replied 1 month ago.

No, not at all. That is simply your opinion about what would happen if there was a legal challenge to their internet forum agreement. As your opinion, it is protected speech under the First Amendment in the US.

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So you have zero to worry about as this wasn't even remotely close to libel.

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thanks

Barrister

Customer: replied 1 month ago.
Wow, thank you very much. You have been a great help.
Expert:  Barrister replied 1 month ago.

You are very welcome. Happy to help any time.

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided as that is the only way I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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Thanks much

Barrister

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