legal question about online slander

[sunfunbill]

I know that even here at cozy, we have had people told to stop or face legal action if they just posted a thread about someone that was not nice. I am sure we all know who that is! However there is a very well known site called paypalsucks dot com that obliviously is a site against paypal. In fact it comes up #4 in a search for paypal.

So,,, how come paypal can't, or does not, sue them and shut them down for slander? Paypal is very big, owned by ebay, and I am sure they would like that site to disappear. They have plenty of money to go after them. But yet anyone can sue for slander just for a thread or article somewhere about them. So what's the deal?

Reason I ask is,,,,uh,,,, I may buy a domain close to a company I will be leaving soon,, but not sure if it will get me in legal trouble. Paybacks a bitch!

[Hammer]

Anything you write, online or off is called libel. Slander is spoken.

Both libel and slander are difficult to prove in court, but it's best to avoid doing either. Winning a defense in court can still be expensive since you have to pay to defend yourself first.

[sunfunbill]

Thank you for the correction, it's "libel". No I don't think I'll do it, in fact doing so just makes the company get to me more. Best to just turn my back and never think of them again. However I do plan on giving the district manager a very specific email!

However that still does not explain why paypal does not go after that site. I suppose if they did it would give them even more exposer, and if some of the things they say about paypal are true they may have to admit it in court. So they may think it best to just ignore it.

Of course it would not hurt to let them know I have the domain, in case they get sticky with my last checks!

[mynameisjim]

Anyone can be sued for any reason as long as there is a willing plaintiff and a willing lawyer.

For example, recently a major league pitcher was killed when while driving drunk he hit a parked tow truck. The family sued the tow truck driver AND the driver who called the tow truck. It was later dropped but the point is you can sue anybody, whether you win or not is another matter but you will have to defend yourself in court or at the very least, a hearing.

I think with the paypal site, if you just clearly document your dealings with a company and stick to the facts, you will probably be ok, but that is just my non-legal opinion. Plus, smart companies weight the PR fallout from such actions as opposed to just leaving the site alone. Suing a site like that would get all over the digg type sites and would cause more harm than the people who just stumble upon the anti-paypal site normally.

As an ex-employee, I would think it would be much more difficult to not cross the line into libelous territory. Plus, you may have signed something giving up your right to say such things.

[Hammer]

I only quickly browed that paypal hate site, but I didn't see anything slanderous. Remember, in order to be slander, it must be a lie.

I can say PayPal sucks all day long as long as I only state facts.

[pepperlegal]

I can post my opinion of anyone or anything all I like. I cannot assert anything I know to be false if that falsehood may damage the reputation or business interests of someone else.

There are thousands of websites where people can voice their first amendment rights, and there's nothing libelous about it, provided they speak the truth or give an opinion...

[LAJ]

For all we know... paypalsucks could be sending traffic and revenue to paypal lol...

[Lana]

Jeez Bill! I've got the Ace card in all this. I've got some VERY compromising pics of you. I could bring your world crashing down!!!
But don't worry darling. It's our secret. You're so more than safe! For now.
I'm just waiting for you to get celebrity status so I can sell the pics and retire!!
Kidding Babe!!
But hey everybody, I do have some wild pics of him!
I guess that's not libel - just plain blackmail.
Never mind, completely different.

[Lana]

Smile PepperLegal!

[sunfunbill]

Jeez Bill! I've got the Ace card in all this. I've got some VERY compromising pics of you. I could bring your world crashing down!!!

Yes I love you too Lana!! Sorry, but even though I'd like those pics to remain between us, It would not be that big a deal to me if others see them. The question is, who would WANT to see them, lol!

Now Lana, be nice and maybe I'll send you some more that was taken a few weekends ago.

[Lana]

Ooooh, OK I'm being nice!!
Red really is your colour. I hope you're in red!
These little weekends of yours look like a lot of fun.
It would be a blast to be there live!