1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

General News A reminder that you're not anonymous online

Discussion in 'Current Events, World News, & LGBT News' started by AwesomGaytheist, Feb 6, 2015.

Thread Tools

Thread Tools

  1. AwesomGaytheist

    AwesomGaytheist
    Full Member

    Joined:
    May 19, 2013
    Messages:
    6,909
    Likes Received:
    1
    Location:
    Pittsburgh, PA
    Gender:
    Genderqueer
    Gender Pronoun:
    He
    Sexual Orientation:
    Gay
    Out Status:
    Out to everyone
    Three members of a sports chat forum dedicated to Western Michigan Broncos football (Which also happens to be where I go to school) have been sued for defamation by a major booster's wife for starting a rumor on an internet message board.

    There was a thread created early in the 2013 football season calling for the firing of WMU head football coach P.J. Fleck, due to the teams 1-11 season. Eventually, a rumor was started that alleged Fleck was sleeping with the wife of a major donor to WMU's athletic program, the owner of a car dealership empire in this area, and that the husband was threatening to expose the affair if the university didn't fire P.J. Fleck.

    The three users, who have since been banned from the site over this whole thing, were all WMU alumni. One of them played football at WMU in the 1970's and has been the head coach of many different high schools' football teams over the years.

    The auto group is seeking $25,000 in damages against each poster, as well as legal fees, court costs, saying that by mentioning the name of the booster's wife, they defamed the entire car dealership group and cast the business in a bad light.

    This just goes to show you, you're not anonymous online, and nor does the First Amendment apply to your internet activities. As sleazy and despicable as the whole story is, I think the lawsuit is completely baseless, however that does not excuse the childish actions by three so-called adults with the maturity levels of children. Think before you post, as everything you do online is monitored.

    I must say though that by filing this lawsuit, the alleged victim drags her name further through the mud on her own, as I and most other people on this campus had heard absolutely nothing of these rumors until this story broke at 10:30 this morning.

    Online commenters sued for alleged defamation by supporter of Western Michigan University athletics | MLive.com
     
    #1 AwesomGaytheist, Feb 6, 2015
    Last edited: Feb 6, 2015
  2. BradThePug

    BradThePug
    Full Member

    Joined:
    Jun 20, 2011
    Messages:
    6,573
    Likes Received:
    288
    Location:
    Ohio
    Gender:
    Male (trans*)
    Gender Pronoun:
    He
    Sexual Orientation:
    Bisexual
    Out Status:
    Some people
    I'm not well versed in Michigan privacy law, but I know that in Ohio there have been cases like this. They were successful, because they said that these comments created a false light on them. I'm not sure if Michigan had a false light invasion of privacy law though.
     
    #2 BradThePug, Feb 6, 2015
  3. QueerTransEnby

    QueerTransEnby
    Full Member

    Joined:
    May 15, 2014
    Messages:
    3,708
    Likes Received:
    7
    Location:
    Michigan, USA
    Gender:
    Genderqueer
    Gender Pronoun:
    They
    Sexual Orientation:
    Other
    Out Status:
    Some people
    In Warren where I live, we had a similar situation to this. On a local message board(now defunct), there were accusations made that a local councilman was sleeping with hookers as well as rumors about our mayor. They were sued as well as the board owner. However, it was a 1st amendment issue, and they were cleared.
     
    #3 QueerTransEnby, Feb 6, 2015
  4. Kaiser

    Kaiser Guest

    Joined:
    May 10, 2014
    Messages:
    2,867
    Likes Received:
    0
    Location:
    кєηтυ¢ку
    Somebody's watching meeeeeeeeeeeeeeee~!!!

    [YOUTUBE]7YvAYIJSSZY[/YOUTUBE]

    And I have no privaaacccy~!!!


    What immediately came to mind, when reading this.

    I suppose, to be serious, only the willingly ignorant or easily gullible, would think they're living in a totally private world.

    I do kind of miss the early-to-mid 90s Internet, when things seemed a lot more, well, isolated and detached.    ​
     
    #4 Kaiser, Feb 6, 2015
  5. AwesomGaytheist

    AwesomGaytheist
    Full Member

    Joined:
    May 19, 2013
    Messages:
    6,909
    Likes Received:
    1
    Location:
    Pittsburgh, PA
    Gender:
    Genderqueer
    Gender Pronoun:
    He
    Sexual Orientation:
    Gay
    Out Status:
    Out to everyone
    Looking at Michigan's defamation law, she's considered a public figure, as she's involved with a well-known business in the community. This means that under state law, you must prove that you actually suffered real, tangible monetary damages in order to win a defamation suit.

    The forum was notified back in October by the law firm in this case that their statements may be defamatory and the members in question were made to post this message in a CYA type thread:

    The purpose of this thread is to publish a retraction of any and all previous statements I may have made on this message board in which I alleged, adopted, repeated or mentioned the unfounded rumors that a previously-unnamed member of the (dealer) family had an adulterous affair with Mr. PJ Fleck and that the (dealership name) had pulled all of its funding from Western Michigan University as a result.

    A legal firm has stated that those statements are false, defamatory and legally actionable.

    This official retraction of all my previous comments I may have made on this message board regarding the above-described erroneous rumor, whether made in a humorous and satirical way or not, has been attempted within the best of my ability to match the same size type and in substantially the same manner as the alleged original libel occurred in this message forum. Apologies to all parties involved.

    Sincerely,

    (poster's username)

    This was back in October, and yet the lawsuit was just filed this morning. Honestly, I think this lawsuit is nothing more than greed on the part of the dealership. I highly doubt that they'll be able to prove that they had real and tangible damages as a result of a rumor posted on a forum that hardly anybody visits.
     
    #5 AwesomGaytheist, Feb 6, 2015
  6. Jinkies

    Jinkies
    Full Member

    Joined:
    Oct 27, 2011
    Messages:
    2,321
    Likes Received:
    47
    Location:
    Northern Ireland
    Gender:
    Female (trans*)
    Gender Pronoun:
    She
    Sexual Orientation:
    Bisexual
    Out Status:
    Out to everyone
    The first amendment still applies when you're online. You've basically nullified being able to plead the 5th, as you've already said incriminating stuff. And as has been mentioned before, defamation is a hate crime, depending on the state. So federal law still applies, but not state.
     
    #6 Jinkies, Feb 6, 2015
  7. Chip

    Chip
    Board Member Admin Team Advisor Full Member

    Joined:
    May 9, 2008
    Messages:
    16,560
    Likes Received:
    4,757
    Location:
    northern CA
    Gender:
    Male
    Gender Pronoun:
    He
    Sexual Orientation:
    Gay
    Out Status:
    Out to everyone
    Defamation cases are exceptionally hard to win, at least in the US. In general, the aggrieved person has to prove that 1. The information was false; 2. The poster knew it was false; 3. the poster intended to cause harm by posting the false information; and 4. actual damages occurred.

    In California and a number of other states, there are anti - SLAPP (Strategic Lawsuit Against Public Participation) laws designed to protect websites, individuals, and media from nuisance lawsuits by people trying to curtail protected expression. But one still has to defend the lawsuits.

    I suspect this lawsuit will end up being an excellent case of the Streisand Effect.
     
    #7 Chip, Feb 7, 2015
  8. BradThePug

    BradThePug
    Full Member

    Joined:
    Jun 20, 2011
    Messages:
    6,573
    Likes Received:
    288
    Location:
    Ohio
    Gender:
    Male (trans*)
    Gender Pronoun:
    He
    Sexual Orientation:
    Bisexual
    Out Status:
    Some people
    I forgot she would be considered a public figure. (This is why i should not post when half asleep...)In the Ohio cases we looked at, they were private people who had been defamed by bloggers. They are typically hard to win though. They probably sued more to scare them than anything.
     
    #8 BradThePug, Feb 7, 2015
  9. Michael

    Michael
    Regular Member

    Joined:
    Aug 30, 2014
    Messages:
    2,602
    Likes Received:
    4
    Location:
    Europe
    Gender:
    Other
    Gender Pronoun:
    He
    Sexual Orientation:
    Bisexual
    Out Status:
    Not out at all
    Anonymity in internet should be a right.

    The problem is that internet has become a part of the real life, it's not what it used to be on the days of the BBS, and I don't mean here that back then you had fewer idiots (you had exactly the same amount, I think). What I mean is that lawyers and corporations got their paws here already, and they are using technological ignorance to control and even deny the services (also greed to manipulate some admins, but that is off topic).

    Now that internet is becoming more and more part of the real life, people start to believe that it's ok for governments and corporations to control it, for our own good.

    I don't agree with that idea. Good BBS had good admins that kept the garbage at bay. A good admin is not someone who will call a lawyer, it's someone who will kick/ban the user for being offensive. If he was back again, then he'd get banned again, and so on and so forth...
     
    #9 Michael, Feb 7, 2015
(You must log in or sign up to post here.)