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Someone has posted a blog about me that is libelous, accusing me of rape!!!

San Francisco, CA |

Wordpress (Blog server) flat out refuse to remove the blog without a court order which takes a long time and which I cannot afford. These accusations are false and are doing me and my family tremendous harm. In no way is this true. There has never been any contact with the police, or any charge about this accusation. In fact, I didn't even know about it for several months after the Blog was posted. Was only through a friend that I was notified. Surely this is illegal. I am currently residing in the United Kingdom at the moment and unable to fight it from here. But, the European courts recently changed the laws about private information on google. As I am in the U.K. Can this new law help me in getting it removed? Or, please direct me in a direction I might be able to get it removed. Thank

Attorney Answers 5

Posted

It is my understanding that recent changes to European law regarding your "right to be forgotten" allow you to right to redact results on searches of your name . According to news reports, this right went into effect immediately upon the passage of the law and applies to all search engines. it may not affect the actual blog post, but it can affect someone's ability to find the blog post if they use a search engine to try to find it or search for general info about you. I strongly suggest you consult with a barrister in your area about this new Right to be Forgotten.

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Posted

Your matter is too complex for any online solution Remember,the Avvo forum is not here for complete Legal Advice per Avvo Terms of Use. That can only be done through a consultation with an attorney you hire. Even when we know the answer we are not allowed to post such things Use the Find a Lawyer tool to hire a top rated (10) lawyer for your needed Legal Advice. Good luck to you

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Posted

Thank you sir.

Posted

Defamation laws vary from one jurisdiction to another, and they change from time to time. I believe defamtion laws in the U.K. were recently amended to make it harder to sue for defamation there. What is consistant everywhere is that defamation cases are hard to win and very expensive to prosecute.

Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.

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Posted

Dear asker,

There are two approaches to your problem. The first is litigation, which is long, vexatious, expensive and uncertain. The second is to learn and apply Wordpress's terms of service to your advantage.

I leave the choice to you, but despite the "right to be forgotten" ruling in Spanish Courts against google, the enforcement of such claims on a US entity could likely take years. By the time you won your case, you would have publicized the blog more than you would like, and any damage to your reputation would have multiplied exponentially. The choice is yours, but I think you can see that the latter seems to make more sense than the former.

One additional venue that you might consider pursuing is criminal complaint against the author of the blog for publication of such falsehoods. Beware of this option, however, because opening a criminal complaint in what may be a he said/she said involving what you believe to have been consensual could have very messy implications and potential criminal outcomes for you.

Best of luck.

This does not constitute legal advice or the engagement of my services as an attorney.

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Posted

Duplicate post...............answers remain the same...........

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