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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 22386
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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I'm being denigrated and suffering defamation of character

Customer Question

I'm being denigrated and suffering defamation of character online. My name has been used to create a url whereby untruths have been written. What are my options please?
Submitted: 6 months ago.
Category: UK Law
Expert:  Jenny Mackenzie replied 6 months ago.
Hello my name is***** am a solicitor and I am happy to help you today. Do you know who is responsible for telling these untruths?
Customer: replied 6 months ago.
I suspect it was by my ex wife's new husband as he has been difficult/disruptive concerning child areangements despite court orders etc. Go Daddy say that they will only respond to a court order. The owners details of the site are kept private. I want to know how I can get the site removed as its my name and the children are internet literate.
Expert:  Stuart J replied 6 months ago.
Good morning. Thank you for the question. It is mypleasure to assist you with this today. I need some more information from you please. Do you have any proof of who has actually done this? I know you say do you think it is yourex-wife’s new husband? Where is the website administration based? Do you have an email from the website whichconfirms they will only respond to a court order? Does it mention the children’s name? Does it mention your geographical address location? Thank you.
Customer: replied 6 months ago.
Children are not named.
The hosting is by a company based in USA called
I have an email from them to say a court order is required.
It shows something about Wokingham, Berkshire on a photo they got of me.
The writer is anonymous but proports to be a journalist.
The site now makes reference to my second wife and my business partner and my father.Q - how can someone take my name for their use? Isn't my name my copyright?Thanks
Expert:  Stuart J replied 6 months ago.
Thank you. There is no intellectual property in aname unless someone is using your name and for example you are famous, and theyare using your name to further their own career. For example, there used to bea wrestler who wrestled under a “ring name” of a very famous actor who helooked just like. The actor took legal proceedings to get an injunctionstopping using that name. The wrestler changed his name by deed poll to that ofthe actor. That was the end of the litigation. I could call myself RichardBurton if I wished. If there is a UK address, then depending on thenature of whatever is going on the website, you can refer this to the policebecause this is harassment and it affects child safety. It is free to do so andthat would be my first port of call if you haven’t already. The next thing you would need to do would be toapply to court for a court order (injunction) to compel them to take this down. The application is relatively straightforward butif you are not familiar with the process, you might want to get a solicitor todeal with it for you. Because of the very sensitive nature of this, andchildren being involved, and the potential issue of child safety, the solicitorcan attach what is called a Certificate of Urgency to the application and youcould have it in court within 24 hours.Now this is where you may potentially have aproblem if there is no UK based part of the organisation. If you get the courtorder (which I cannot see not happening), and the US organisation simply ignoreit you are then faced with getting US courts to enforce the UK order.That is not going to be a particularly easy jobfrom the UK and you are going to need a US attorney to do it for you.It is highly likely (unless you have a link to theUnited States) that the perpetrator is an individual in the UK and you knew whoit was, you would simply get the court order against the individual. If you knew who it was, you could actually go tothe police and asked the police to warn the perpetrator under the Protection fromHarassment Act. I am not certain whether that answers the questionfor you or not but I’m happy to answer any specific points arising from this. Please don’t forget to use the rating service torate my answer service positively otherwise I get no credit for my time.It does not cost you anything but it helped megreatly.You may think thread closes after rating, but itdoes not, it remains open and if you want to ask for clarification of anything,we are still able to exchange emails. Kind regards.
Expert:  Stuart J replied 6 months ago.
Good evening. Can you assist you any further with this? Please do not forget to use the rating service otherwise I get no credit for my time.Thank you
Expert:  Stuart J replied 5 months ago.
Good morning. Can I assist you any further with this?When you get a moment, please don’t forget to use the ratingservice to rate my answer positive. It doesn’t cost you any extra but it’s theonly way that I get credit so it does help me greatly. Thank you.

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