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Andrea, Esq.
Andrea, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 12554
Experience:  25 yrs Personal Injury, Real Estate & Bus, Family Law, Criminal Defense, Immigration, Employment Law
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my friends son was a victim of cyber bullying and representations

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my friend's son was a victim of cyber bullying and representations were made about his character that were untrue and not based in reality by a group at school. my question is what can be done legally speaking? and how does the laws of defamation relate to tort and tort law?

Hello and Welcome to JustAnswer, My name is XXXXX XXXXX my goal is to provide you with Excellent Service, Thank you for your question,

 

 

I am sorry to hear what is happening to your friend's son. In this day and age, it is easier to reach a much larger audience with the internet and individuals can be harmed in a much larger way. It is fortunate that your friend's son knows who these individuals are because there are many who are victims of the same actions, but cannot find get redress because they do not know the identity of the perpetrators.

 

Defamation is a tort and is governed by tort law. False statements that are written are called 'libel" while false statements that are spoken are called "slander". Libel, slander, and other forms of maligning an individual fall under the broad "umbrella" of defamation. In order to prevail in an action for libel, slander, and defamation in general, the Plaintiff must prove the four (4) elements which are the same for each:

 

1. The false statement is "uttered" or "written"

2. The Defendant knew that the statement was false, or was made in "reckless disregard for the truth;

3. The Defendant "published" them to a third party - "Made known" to others

4. The Plaintiff suffered damages to his or her name and reputation in the community.

 

In defamation lawsuits, the Plaintiff will seek damages as well as an Injunction so that the Defendant(s) are prohibited from continuing to defame the Plaintiff,

 

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Customer: replied 4 years ago.
how does privacy laws play into the equation given the privacy laws around the use of social media? can the owners of the social media force users to provide information to the police?

Owners of social media, websites, and other forms of bringing people together socially, are private businesses and they do not have any authority, or power to force users of their site or their services to give any information to the police. Even the police do not have the power or authority to force any private citizen, or website user to disclose any information.

 

All websites have "Terms of Use" which inform the user that visiting their website is a "privilege" which can be suspended, or taken away completely, unlike a "right" which is inalienable and cannot be suspended, or taken away. The website's "Terms of Use" also set forth rules and the standard of conduct to which the website expects its users to adhere, and if violated, give the website owner/operator the right to suspend a user's account, thereby preventing the user the privilege of participating on the website,

 

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Customer: replied 4 years ago.

i see. let's say for example i am at an airport and about to be screen. my laptop is taken into custody and i am asked to provide my password - ami obligated to do so? what will happen if i refuse?

If your laptop were confiscated at the airport, you would not have to give your password to anyone and nothing could be done to you beause of the Fifth Amendment of the US Constitution and the rights given thereunder, one of which is the right against self-incrimination,

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Please be kind enough to rate "Excellent Service" so that I receive credit

for assisting you,

 

 

Bonus and Positive Feedback on survey is very much appreciated,

 

 

 

Thank you for allowing me the opportunity to be of assistance,

 

 

ANDREA