Where to sue for internet defamation?

Asked over 1 year ago - Miami, FL

I have a solid case but I'm not sure what the proper venue is. A group of people who live in three different states have created blogs, forum posts and audio recordings on youtube alleging that I cheat on my wife, that I beat her, that I am involved with child pornography and they've even left negative reviews on my Google local business listings. They've made "prank calls" in my name in order to circulate rumors that I am responsible for certain activities/harassment of others.However, I live in State A and the defendants live in State B and State C.

They have also utilized a platform that resides in State D who's terms and conditions include not to "use this platform to harass, defame, etc". The company has ignored my requests to remove this material so I'm wondering if I can include

Attorney answers (3)

  1. Eugene P. Castagliuolo

    Contributor Level 16

    5

    Lawyers agree

    Answered . It's been a few years, but I had a case like this. My client was in your position. The guy who he had the internet-based problem with was in a western state. We sued the our-of-state guy successfully in Florida, and the Florida court had jurisdiction. Without having done the research to answer your question today, I can only say that I would be very surprised if the law has changed. Find a lawyer who knows what to do and sue them in Florida, make them come to you. Good luck!

    If you think my response is the best response, it would help me if you would indicate that. Also, please note... more
  2. Thomas Michael Bates

    Contributor Level 13

    1

    Lawyer agrees

    Answered . The website is immune from suit under the Communications Decency Act, a federal statute, unless you can prove that it has control over the editorial content of what's posted on the website. This is doubtful. Therefore, your cause of action lies against those persons or entities that are posting the defamatory statements. You'll need to show that the court has "personal jurisdiction" over them by the fact that they purposely posted the defamatory statements that reached viewers of the statements here in Florida.

    I am not seeking to represent you based on the response to this question. The answer given is for general... more
  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Luckily, the lawyer above in your state has handled a case like this before, so best bet is to call him to discuss representation.

Related Topics

Personal injury and defamation

Defamation is any type of emotional or psychological personal injury that occurs when someone intentionally harms another’s character or reputation.

Criminal charges for harassment

Harassment describes a variety of repetitive behaviors that threaten, disturb, or upset someone. Harassment includes unwanted sexual advances and stalking.

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