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    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #1

    Oct 11, 2010, 04:38 PM
    Internet defamation
    An alternative dr posted on another alternative doctors website that the supplements he sells are not good for you. The other dr sent 'legal threats' for him to stop. The dr that was told to stop sent me these messages... 'by his wife'. I had replied that maybe he should just let it go so that he doesn't drag him through court.
    FaceBook is fair game to post what you want.
    Hi I'm Jons wife... and I know for a fact that there is no possibility of anyone actually able to sue anyone else on Face Book especially due to the rules and regulations.. I'm not an attorney per say but I am as close to one as I can be without getting paid.. lol I'm very aware of most of our laws and statutes... The internet is probably the worst place to have an enemy.. sadly anything can be revealed , said, talked about... and NOTHING can be proven or done.. Think about right now who are you really chatting with?? Me... I say... but in the eyes of the law... you can not prove I was the one who typed this at all...
    As for Defamation nothing has been said that hasn't already been said before by someone else... copy and paste is a very cool thing when in comes to FB...
    I happen to be very familiar with the Legalities in Defamation of character as well as other reasons for someone interested in *Suing* someone... for whatever... I see you have NO legal experience to be giving advice to anyone~~ especially again to someone like me who does...

    My advice to you would be honestly mind your own business... you seemingly haven't a clue to what the laws pertain and are probably very good friends with the Pompas... there for we have nothing in common... Sooo with that being said.. I'd imagine this would be a polite way of me saying... good bye!

    So is she right and they can say and post anything they want without any threat of losing a lawsuit or what laws are there on this that would prove her wrong?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Oct 11, 2010, 05:11 PM
    Quote Originally Posted by N0help4u View Post
    ...
    so is she right and they can say and post anything they want without any threat of losing a lawsuit or what laws are there on this that would prove her wrong?
    No. If someone posts something that is false and that actually is defamatory, in theory they could be sued. But as a practical matter one would have to post something far worse than what you apparently quoted. What you cut and pasted is not actionable.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Oct 11, 2010, 05:17 PM

    It depends on what was posted and I agree - this does not appear to rise to the level of defamation. However, the person who sent you that message is very, very wrong. It becomes slander/defamation if the stated facts are untrue and if it changes anyone's opinion of you and/or the advice you give, hurting your reputation. That isn't as hard to prove as you would think. If, for example, a site pays you (such as Adsense) and your revenue drops, then you have a case.

    You know the law - I would consult with an Attorney and ask. The problem as it was explained to me is which Court has jurisdiction.

    As it happens I've got an Attorney working on this very question right now. I'll keep you informed.

    Copy and paste everything, by the way.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Oct 11, 2010, 05:40 PM

    I do ( or at least did) various types of Natural Healing. This included some online schools and classes and of course use of natural herbs and even hypnosis.

    There are many sites that talk against everything I teach, most of course from various Medical Doctors who of course we often accuse of over drugging people ourself.

    You can find dozens of pages of hate posts of the classes I have taken, And just mention hypnosis you have church groups that will swear we do things of the devil.

    So people saying your products are not good.
    And if your brands of supplements are not the ones I sell, I would say they are not the best either ( if I was still selling them)

    Look at Coke saying they are better than you know who.
    And those insurance commercials that name others and say they are better or cheaper and so on.

    If someone is posting things on your site, restrict who can post, have a moderator that must approve posts first and so on
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #5

    Oct 11, 2010, 05:47 PM
    Comment on JudyKayTee's post
    That's the thing he was posting that the binders and fillers in the supplements Dr. ----- sells are toxic and in my private message to this Dr. I said that he can sue for loss of customers/patients if he feels it was due to his posts about the binders
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Oct 11, 2010, 06:27 PM

    You need someone to believe something that is not true that is said about you. Do you have anything along those lines?

    For example, I post that YOU are a liar, a fraud, whatever else might be involved and a third person believes it and joins in with me, attacking you.

    Anything along those lines?
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #7

    Oct 11, 2010, 06:43 PM
    Comment on JudyKayTee's post
    That's the point I made that he could sue for lose of customers if they read his magnesium sterate is toxic and quit going to Dr ----. She said apparently I don't know the law. She has now apologized saying she thought I was 'one of them'
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #8

    Oct 11, 2010, 06:51 PM

    But then "toxic" is a very open term, heck I think I could with some help from my cousin who is a chemist prove that tap water is "toxic" to you. We use many toxic things in medication.

    So you have to also prove what they say is exactly false.

    For example, in what levels, FDA studies, see link, show it is harmful at specific levels. And from studies in rats.

    Magnesium stearate - Wikipedia, the free encyclopedia


    So they are basically correct in their statement about this filler, although it is widely used, it is also subject of disagreement, But they will have studies to prove they are right.

    So what studies do you have to prove it is not harmful and that the FDA studies are wrong ?

    Also what percentages, since even sites that argue these are not harful ( never good, just not harmful) seem to state if used in over 1 percent, the dosages may not be consistent.

    But there are 1000's of pages, both pro and con, this is one of those issues that it is all a issue of meaning of words based on various studies and usages.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #9

    Oct 11, 2010, 07:58 PM
    Comment on AK lawyer's post
    She is claiming that you can say anything on Facebook and not be held accountable because of the way FB worded their rules and they would have to prove if it was her or her husband that wrote it.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #10

    Oct 11, 2010, 09:01 PM

    Please don't use the comments for followups.Use the Answer options.

    There was recently a case where a woman was suing a company for damages. The company claimed there was evidence on her Facebook page that showed she wasn't as injured as she claimed. The judge allowed a subpoena for those pages.

    So yes, what is posted online can be used against someone in a lawsuit.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #11

    Oct 12, 2010, 07:40 AM
    Quote Originally Posted by ScottGem View Post
    Please don't use the comments for followups.Use the Answer options.

    There was recently a case where a woman was suing a company for damages. The company claimed there was evidence on her Facebook page that showed she wasn't as injured as she claimed. The judge allowed a subpoena for those pages.

    So yes, what is posted online can be used against someone in a lawsuit.

    Absolutely and in NY anything posted on a public site can be used.

    And, yes, investigators look at Facebook and other social sites on a regular basis. I am aware of several marriages that hit a brick wall based on Facebook postings as well as one woman who lost custody of her child.

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