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Can Skids Be Sued For Defamation of Character?

Not-the-mom's picture

I have been thinking about our situation where my skids were reading my anonymous posts, then telling MANY others about what I said. The others they told know my name, face, etc... The information my skids shared was no one elses business, and I posted it anonymously - using no names, places, pictures, etc...

I then started thinking about the stepparents here on these boards who have shared that their skids have publically defamed them on Facebook, Twitter, etc... where people have names, faces, etc...

It got me to wondering if it is possible to sue the skids - especially non-minor skids - who defame their stepparents to others.

I am not considering doing this, but just curious if this is possible. Adult skids might wish to be more careful in whom they tell what - and share real names, photos, etc... concerning the stepparent they are defaming.

We here are posting anonymously, but if our skids are not doing likewise, and they are putting out information that is not anonymous, this is treading in very dangerous waters.

ThatGirl's picture

Being related does not make them immune to the law. Adult children can be guilty of defamation, just like anyone else. That being said, defamation of character is very difficult to prove, and damages have to have been incurred to win an award. The way I understand it, if your SD posted something like, "My SM is a bitch and she spits in my food," there's no defamation. If she said, "My SM owns SM Restaurant and I've seen her spit in people's food. Don't eat there!" and you could show that your business has decreased as a result of her saying that, you'd have a case.

Not-the-mom's picture

From what I have read, the information doesn't have to be false, it can also be information that is very damaging.

Someone here once said that the BM found their posts, copied them, and then distributed them to a bunch of people. If the stepparent here was intending that their identity be kept anonymous, would the BM have violated their right to privacy?

giveitago's picture

With regard to posts on here, they are anonymous so if the cap fits then wear it BM! How many of us have seen so many similarities in our daily lives as a step parent? I for one do not believe that I am alone (not any more anyhow) in the circumstances I find myself in.
Personally, if challenged by BM, I'd just look at her like she is not wise...I'd be like 'what are you talking about?'
Once you put something out online then it's really public property. Anyone can access this site and read all the posts but they cannot respond without an account. It's easy enough to get one, make it also anonymous and respond to posts but most of us pretty much know the MO of the people we are dealing with regarding BM or SKids...yet...they all bear remarkable resemblances too sooooooooo proving anything is difficult on here without a name or a photo. There are some sites with more pictures or names or friends in common to reference which NO ONE in their right mind would defame anyone on...right? Oh, I'll wake up and have my cheerios then?

hismineandours's picture

If so, my ss is going to be in BIG trouble some day!! I would croak if he actually went in PUBLIC and talked about me-I do have a job in which it would be harmful if he made up a bunch of stuff and spread it around. Luckily, for me he just prefers to defame me to inlaws, teachers and school staff (when he lived here), and such.

Anon2009's picture

I don't know exactly. This is a public board that anyone could access. It could be possible if you have hardcore proof (i.e. Facebook postings, emails, etc.)

Not-the-mom's picture

I can understand that defamation of character and libel would be difficult to prove, but what about violating right to privacy?

This is a public forum, but with our fake names, and so many of us having similar stories, how would anyone know for SURE who you were talking about, unless you were THAT PERSON, or had intimate knowledge of the situation?

If you do have intimate knowledge of the situation, you would then be able to recognize who the person is who is posting here. I would think you then have a responsibility to keep that persons identity confidential - because the poster obviously has tried to do so by being anonymous. Of course, the BM or skids who would blab aren't emotionally mature enough to care. Blum 3

So, could someone possibly pursue a lawsuit for revealing ones real identity from an anonymous posting site?

buttercookie's picture

I don't know about suing them for defamation of character but you could get a harassment order out on them where they have to stop. what does your dh say about this?

Not-the-mom's picture

The information isn't private, but your identity is.
If our identity isn't meant to be private, why do we bother creating alternative identities?

It sounds like those of us here who have taken the time to post anonymously shouldn't even bother. We should go right ahead and give out real names, places and photos, because it really isn't private anyway. Blum 3

Hmmmm, now that's an idea. Wink

donna123's picture

It all depends on how they accessed your identity. How did they know it was you? How did they even know you post on ST?

If they remotely installed keylogger software (tracks every keystroke you make) onto your computer through an attachment in an email, then it is illegal. If they installed keylogger software on your computer without your knowledge it is a felony crime.

“It has always been illegal to install hidden software onto a machine if you don't have the owner's consent. The Spy Act criminalizes those who attempt to install software on a machine that they do not own.” They can be charged with illegally accessing a computer (hacking) and the charges vary from location to location.

As far as privacy and slander that would be a lot harder to pursue.