From my understanding defamation on the internet is allowed. Why? My ex is calling me an unfit parent, has created a website stating he is writing a book about me and stay tuned (the new author). His meta tags are my name, personal info, liar and when searching these it does show up. He brings extremely personal past matters up. Anyone who searches my name will find this and other defamation. There is much more. If it was face to face something could be done about it.
Defamation on the internet is actionable, just as it is in other mediums. However, calling you an unfit parent, wherther correct or not, may be considered opinion (his), and would not be defamatory. Can you tel us some of the false statements he has made about you.
If this Answer was of assistance please mark it as "helpful." Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.
You are misinformed. Defamation is not "allowed" on the Internet any more than it is now allowed in any other context. However, not everything you feel is defamation, might not be. Opinions are not defamatory, only incorrect statements of fact are defamatory. You are also missing the point. This is not a case of defamation, it is harassment and it may be damaging to your child. My best advice for these kinds of situations is to apply for an order of protection in your local Family Court including a prohibition on such acts. You should be prepared to demonstrate why this is damaging to your child. The mere fact that you do not like it may not be enough to get the order issued.
As has been noted below defamation is actionable no matter the vehicle with which it is delivered. If you ex has been stating false factual allegations about you, that is defamatory. If he is simply stating true things about you that you don't want the public to know, it's not defamatory. It sounds more like harassment. Utilize the "find a lawyer" feature to set up a consultation with an attorney in the Greensboro area to help you deal with this situation.
This information is given for legal education only. It may not work for your specific situation. It is not legal advice, and I am not your lawyer. You have to find your own local lawyer to get legal advice and help with your problem.
Under NC law, harassment is a pattern and practice of behavior, with no legitimate purpose, directed at the victim, for the purpose of terrorizing, tormenting or harassing the victim, that results in the victim experiencing severe emotional distress. If you are being harassed, there are civil and criminal remedies. You should contact your local domestic violence agency to discuss your options.
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