An XBOXLIVE user wrote on a message text: "hey asshold f**k…

Question

An XBOXLIVE user wrote on a message text: "hey asshold f**k u u f**king bitch
with no dick......shit eater who f**ks mr ward". The Mr Ward in question is
myself and I am not an XBOX user. I am a director of an Elementary school. What
can I do to stop this of happening? What are my rights regarding someone that is
using my name and attack my reputation?

Tom B. · Accepted Answer

Tom Bulmer :

Do you know who is doing this?

Tom Bulmer :

This is a public forum so rightfully, most details have been edited. I get the
main points however.

Tom Bulmer :

You are either suing or going to police or both. The former requires money and
the latter requires facts and perhaps money.

Tom Bulmer :

Actually, both options require evidence and money.

Tom Bulmer :

Without identifying yourself, are you prepared to make this a public issue?

Customer:

Yes if it is the only way to rectify the attack towards my reputation. yes to
suing and going to the police.

Customer:

i do have the screen picture

Tom Bulmer :

The problem is being afraid.

Customer:

afraid to face the user or afraid of the repercussion of the action?

Tom Bulmer :

I have been in the same situation and have had many clients both male and female
who have been stalked and harassed. The key element of a person dedicated to
destroying your reputation is that you have a reputation and the offender does
not. The offender counts on that you will never call police or sue because
whatever the mess is, then is public.

Tom Bulmer :

There are two approaches and both mean that the mess becomes public.

Customer:

may i have both approaches please

Tom Bulmer :

The first is to lodge a complaint with police. Your facts seem to indicate a
criminal offence called harassment.. It must be an ongoing threat. In other
words, I can call you a donkey on Monday but by Friday I repeat this to you then
it is for the purpose of upset.

Customer:

This was written to another ex-student not to me since i am not a XBOX live user
but my name is XXXXX XXXXX

Customer:

sorry if i am slow answering since i am french speaking and need to read
carefully what you type in

Tom Bulmer :

That is fine. I am slow in English. :)

Customer:

lol

Tom Bulmer :

The criminal code demands a repeating unwanted communication. It is like
stalking. On your facts, it sounds as though your reputation may have been hurt
but that is not happening all the time. Correct?

Tom Bulmer :

What province are you in??

Customer:

it is messages harassing the other ex-student but yes my name was mentioned once
in the 4 screen pictures that the parent send me.

Customer:

alberta

Tom Bulmer :

Then the ex student is the only person who can go to police. That person is the
potential criminal victim. You, have been defamed. BIG difference.

Customer:

what is defamed

Tom Bulmer :

Your character has been placed in question.

Tom Bulmer :

You have a position of trust and what has been said online places you is a
position where the community may think less of you.

Customer:

should i report this since other people must have seen this. XBOX confirmed they
could see it but since i am not a user they can't help me to erase this but gave
me steps that the parents could use in front of me.

Customer:

agree since i do not know how many people read this comment

Tom Bulmer :

That means you can sue this person and, if you do, the person has to prove what
they have said is true.

Customer:

that is what i thought so i am able to rectify the damage cause to my reputation

Tom Bulmer :

Sorry, I do not know XBOX or how it works. But, generally, anyone in this
internet world that speaks ill of another person, better be able to prove it.

Customer:

thank you and now i know what my option are. Now on this screen i see reply and
accept. i hit accept to confirm i accept your advise or what

Tom Bulmer :

So, it sounds like a strong letter to the other person is appropriate.

Tom Bulmer :

Just wait a moment :)

Customer:

not sure if i understand your comments before just wait a moment

Tom Bulmer :

Suing in defamation is no fun and it costs.

Customer:

it is ok the school will take care of that

Customer:

he attack an employee

Tom Bulmer :

Even if you win, you may not get your court costs back. BUT, SOMEONE has to send
this person a "cease and decist" letter to start.

Customer:

it will be a lesson to others

Tom Bulmer :

It should simply state that you have made untrue statements about me that are
derogatory and defamatory. I demand that you recant these statements and never
to repeat lies about me. These statements are untrue and I demand an apology.
Should you repeat these lies, I will sue you and force you to prove what you
have said.

Tom Bulmer :

That should do it.

Customer:

thanks and i appreciate your counseling. Now do i hit accept?

Tom Bulmer :

Qui.

Customer:

What is Qui?

Tom Bulmer :

French for yes??

Customer:

no correction it is oui lol

Customer:

tks

Tom Bulmer :

J' m excuse.

Tom Bulmer :

That is probably wrong to. :)

Customer:

you are all excuse but appreciate you try to answer me in french

Customer:

no it is not

Customer:

it is correct

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