Legal advice on slander?

xxxAxxx · November 11, 2014

I am seeking legal advice from anyone who may have knowledge on how to proceed with allegations of slander and copyright infringement.

I recently came across a blog about myself, to my surprise!

This blog alleges some very untrue, hateful things about me.

The blog even has pictures of me, a "nearly nude" and photos of my face too, which I never consented to.

The blog even features MY REAL LEGAL NAME which is an obvious security breach in this line of work. I NEVER give out my real name!

I have contacted the site that hosts the blog, to which they replied :

"Thanks for your report. Unfortunately we are not able to take any action on the blog this time, as the information flagged is not deemed private or confidential under our policies."

Are there any further legal actions I can't take to have this brought down?

What do I do? :(

Clearly having my first name on there is what's really bothering me. the hateful comments are clearly untrue and ridiculous...I laughed them off. No client has ever had the experiences this person describes (i have a "pimp" who beats up people for me, I have STDs, I call people at their homes to solicit them, etc etc), and the fact that they know my real name attests to them not being a client but perhaps a jealous ex-friend or an SP who wanted cause shit. (the blog is dated may 2008 and there was in fact a lady on cerb causing me grief during this time, but how she would have gotten my real name is beyond me)

I'd appreciate any help/advice, thanks!

fr33yay0 · November 11, 2014

Hi!

I don't think we have had the pleasure of speaking yet as I am still quite new to cerb. I do have a bit of experience with Lawyers/Court for a random number of issues during my employment for a company.

The first step is finding the blog, you can certain attest that this is directly pointed to you. Make sure there's nothing in it that references any other SP's or anyone else. It would have to single you at personally (Which I think it does since it has your legal name, etc).

Now if you want to fight this, please be advised that you will require some cash and lots of time. As almost every step here requires some to advance to the next step. First, you need to contact a lawyer that deals with public issues. Personal attacks and defamation of character. You need a prelim meeting to make sure you do in fact have a case. (Even if you might think so, it might not be worth fighting depending on some of the issues). Once you have a sure case, then you order a cease and desist letter be drawn up and sent. - What is that???

A cease and desist letter, also known as "infringement letter" or "demand letter," is an aggressive-toned document sent to an individual or business to halt purportedly unlawful activity ("cease") and not take it up again later ("desist"). In your case, this would be either sent to the person running the blog (if you aren't sure) then to the blog owners. Sometimes it's worth fighting them because they don't want trouble, in fact it's less trouble taking the site down that it is fighting it. If they do, great... just keep an eye out for it popping up elsewhere.

If they don't the lawyer will have the next step for you, most likely a mediation, or even another injunction for the site to reveal it's owner. Most times those sites won't hide the person. If you have any questions let me know, also if you want me to do some digging around the site let me know... I'll PM you.

Besides, it might not be a bad idea to have a lawyer available.

Cheers,

Sorry this has happen to you.

cinelli · November 11, 2014

Call the provincial bar association where you live.

In Manitoba they can set up three free 15 minute consultations with lawyers. They make sure the lawyer is appropriate for your situation too. Take notes and screenshots so you can explain everything clearly and concisely.

This is a sad situation and I am sorry you have to deal with it. Good luck.

xxxAxxx · November 11, 2014

I have contacted a non-profit org called "POWER", as suggested in PM by a member. I hope this leads to victory in removing the site. I don't even care to find it's owner, nor do I care to "sue" anyone for any reasons I just want my private information and photos (that were used without my consent) to be taken down. In this particular line of work, having my legal name associated with a blog "about me as an escort" is a serious safety liability for me and thus poses a risk to safety of person.The actual "defamation" is the least of my concerns. There's a reason this person had to go all ninja and privately create their own blog to post such comments about me as any such comments made on any reputable review sites (like cerb) would have been immediately shot down as absolute garbage because anyone who has met me knows these are beyond unrealistic "experiences" that have never, and will never occur with me. Clearly this person had a personal vendetta against me and wanted to lash out, fine. It was 2008, who cares about who and why? Not me.

I just want it taken down.

defensedave · November 11, 2014

Hey, so sorry this has happened to you. He is a link for the free referral ....... provided by the Law Society of Upper Canada. http://www.lsuc.on.ca/faq.aspx?id=2147486372

I hope you can get closure for this soon.

Ice4fun · November 11, 2014

I am seeking legal advice from anyone who may have knowledge on how to proceed with allegations of slander and copyright infringement.

I recently came across a blog about myself, to my surprise!

This blog alleges some very untrue, hateful things about me.

The blog even has pictures of me, a "nearly nude" and photos of my face too, which I never consented to.

The blog even features MY REAL LEGAL NAME which is an obvious security breach in this line of work. I NEVER give out my real name!

I have contacted the site that hosts the blog, to which they replied :

"Thanks for your report. Unfortunately we are not able to take any action on the blog this time, as the information flagged is not deemed private or confidential under our policies."

Are there any further legal actions I can't take to have this brought down?

What do I do? :(

Clearly having my first name on there is what's really bothering me. the hateful comments are clearly untrue and ridiculous...I laughed them off. No client has ever had the experiences this person describes (i have a "pimp" who beats up people for me, I have STDs, I call people at their homes to solicit them, etc etc), and the fact that they know my real name attests to them not being a client but perhaps a jealous ex-friend or an SP who wanted cause shit. (the blog is dated may 2008 and there was in fact a lady on cerb causing me grief during this time, but how she would have gotten my real name is beyond me)

I'd appreciate any help/advice, thanks!

This crap seems to be happening way to often I am not sure why people need to be so hateful.

Revealing a ....... providers real name and personal information is not only stupid it is very dangerous and often leaves the ....... ........ very vulnerable... they can fight to get the information removed but it's impossible to undo the damage that it may have caused to their sense of security or to their family.

Additionally as noted by a previous poster this fight can cost significant money which often the SP cannot or should not have to spend. It's unfortunate that there is not an organization that provides support as i would be happy to make a donation.

Just my Opinion

xxxAxxx · November 11, 2014

http://www.powerottawa.ca/home.html

There is a donation tab on the menu line at the top of the page :)

Feel free to navigate their site a bit first and read about them , as I did the last 2hrs before contacting them for possible assistance on this matter. Who knows, your donation could be all I need to reach my aim...

Ice4fun · November 11, 2014

http://www.powerottawa.ca/home.html

There is a donation tab on the menu line at the top of the page :)

Feel free to navigate their site a bit first and read about them , as I did the last 2hrs before contacting them for possible assistance on this matter. Who knows, your donation could be all I need to reach my aim...

Thank You...

fr33yay0 · November 11, 2014

Good luck! :)

fortunateone · November 11, 2014

I hope you have success. I was involved in attempts to get a slanderous blog removed, both via Cease and Desist letters and reports and communication with the host, and clearly more effort was needed since the person who created it, a hateful spiteful creature, refused to comply.

The C&D btw was sent by at least a half dozen sps, one site owner/admin and a moderator or two as well. They also reported to the host company. The host company continued to play a runaround game of not acknowledging the proof of slander sent to them, similar to what they have done to you.

Last resort could be coming, with legal intervention, further reports to LE, lawyers, etc.

It would be nice if people like this would do the right thing and not post the slander in the first place. It would be even nicer if when presented with the truth, they were embarrassed and humiliated by having their lies exposed. If they did, they'd do the right thing and take it down.

I don't find sociopaths have the capacity to either be embarrassed by their actions, or do the right thing. Sometimes the response is to create your own blog, exposing them as liars, and providing the proof and evidence. However in your case, we also see real private details, and that is not cool. There is good chance a report to the appropriate LE dept would help.

I read further down, I think you have a good case for copyright infringement. You own your photos, and you did not give permission for their use by this blogger. The site would necessarily be in legal trouble for allowing the photos on their site, and you might be able to get them removed by pushing that aspect. your photos are not considered publicly available, they are owned by you the second you took them, or had them taken for you

Studio 110 by Sophia · November 11, 2014

I am seeking legal advice from anyone who may have knowledge on how to proceed with allegations of slander and copyright infringement.

I recently came across a blog about myself, to my surprise!

This blog alleges some very untrue, hateful things about me.

The blog even has pictures of me, a "nearly nude" and photos of my face too, which I never consented to.

The blog even features MY REAL LEGAL NAME which is an obvious security breach in this line of work. I NEVER give out my real name!

I have contacted the site that hosts the blog, to which they replied :

"Thanks for your report. Unfortunately we are not able to take any action on the blog this time, as the information flagged is not deemed private or confidential under our policies."

Are there any further legal actions I can't take to have this brought down?

What do I do? :(

Clearly having my first name on there is what's really bothering me. the hateful comments are clearly untrue and ridiculous...I laughed them off. No client has ever had the experiences this person describes (i have a "pimp" who beats up people for me, I have STDs, I call people at their homes to solicit them, etc etc), and the fact that they know my real name attests to them not being a client but perhaps a jealous ex-friend or an SP who wanted cause shit. (the blog is dated may 2008 and there was in fact a lady on cerb causing me grief during this time, but how she would have gotten my real name is beyond me)

I'd appreciate any help/advice, thanks!

I have gone threw this. It is a terrible feeling and share your pain.

At the time it happened to me, I was just new to this, and did not yet have the funds to have a lawyer on a yearly retainer. So when I contacted my local police, they were sympathetic, but had no way of pursuing it. So the only thing I could do was to wait it out:(

With that said, You know the saying " even bad publicity is good publicity" ? Well in my case that showed to be true! Even tho it was painful:(

Then later, it happened again. But this time I had been saving and paid a lawyer on a retainer yearly. When I was slandered and harassed, on txt and email my lawyer sent a very nice letter suggesting them to stop this or we would go to court and criminal charges can be laid. Now this is slightly different as I could trace who the source was. Let me tell you, that was the best cash I spent, as once that letter was sent that person left me alone!

So my lawyer and the police did say you need MIN 10 examples of harassment or slander for it to be criminal, but this was before cyber bullying was really a case. But the police will NOT pursue it unless you do all the leg work.

IF you can have proof of min 10 incidences of harassment, threats, and slander, then IF you have a lawyer, then possibly your lawyer can put pressure on the site owners, or he/she can suggest to your local LE to act on it.

IT IS VERY risky and not always easy to do this. Sadly, you may cause much attention to yourself if you do this. But in saying that, do not be a push over either. You need to wage what comfort level you can take.

I suggest that any SP who is running a business should consider a lawyer on a yearly retainer, as many things can come up and it is good to have an adviser.

Best wishes, and again I am sorry that you are facing this. If You need to chat with one who has been there, feel free to contact me, I will share all that I can. xo

Tara · November 12, 2014

It takes a great deal of time and persistence to get libelous posting removed and stopped once a poster decides to trash someone. I had a similar thing to deal with. Someone I had never had any contact with and at no time ever posted to or about her decided I was to blame for some problems she was having and trashed my working name on numerous sites. It took months to convince the site owners the accusation was trumped up and caused a lot of people a lot of time to get the truth out. By the time the truth comes out, your reputation is trashed and you are exhausted from the fight to defend yourself. Why any site permits serious accusations to be made without proof is just shocking beyond belief. Ignoring it doesn't work. It just gives the liar more rope to work with.

My advice is to fight back in every legal way you can. Doing nothing just opens the door for them to do more harm to you.