Depending on the actual language used you may have a defamation case against the individual. Odds are that you would not be able to sue Facebook, though, because they are not in control of the search engines etc. They can only be held accountable for material on their site.
Benjamin G. Kelsen IF YOU LIKE THIS ANSWER PLEASE INDICATE YOUR APPRECIATION BY SELECTING IT AS "BEST ANSWER." Law Offices of Benjamin G. Kelsen, Esq. LLC 179 Cedar Lane Teaneck, NJ 07666 Phone: 201-692-0073/ Fax: 201-692-0151 Web Site: www.kelsenlaw.com / Email: firstname.lastname@example.org NOT LEGAL ADVICE: The above information may contain an opinion which does not constitute legal advice. Unless a retainer agreement has been signed, we are not your legal representatives, and you should not rely on any opinions contained in this message.
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, New Jersey or Federal law apply, unless otherwise specified.
That being said, the Federal Communications Decency Act generally protects sites like Facebook from defamation suits based on defamatory statements posted by the users of the site. If the comment was defamatory, you can sue the user who posted it. If Facebook somehow participated in making the defamatory statement (above and beyond merely providing the site and allowing it to be indexed or searchable by search engines), Facebook might be liable. However, the chances of that are very slim AND Facebook has a lot of money to pay attorneys to defend it. It almost certainly wouldn't be worth the lawsuit. You should see an attorney to determine whether you have a legal claim against the user. Also, you should consider consulting an internet professional; there are ways you can bury the offending message if you really want to.
/Christopher E. Ezold/
The Ezold Law Firm, P.C.
One Belmont Avenue,
Bala Cynwyd, PA 19004
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