If somebody's user name slanders somebody else's user name..

[tinfoilhat]

....can they sue them?

 

Asking for a friend.

[Santo]

....can they sue them?

 

Asking for a friend.

 

With great difficulty! It doesn't help that you have a username which doesn't reveal who you are. Your real identity isn't being libelled. So how can you prove your image has been damaged?

 

(I assume Tinfoilhat isn't your friend's real name )

[tinfoilhat]

With great difficulty! It doesn't help that you have a username which doesn't reveal who you are. Your real identity isn't being libelled. So how can you prove your image has been damaged?

 

(I assume Tinfoilhat isn't your friend's real name )

 

Oh no, it's not for me. Another guy. In another forum.

 

But let's suggest, for the sake of argument, my friend was of good standing (so that clearly rules me out )and respect of his fellow forumers and another forumer was besmirching (is that spelt right? Besmirching?) his good name within that forum? Our very own Jeffry Shaw would have a leg to stand on - it's his real name. But would santo? I don't know!

[Santo]

Oh no, it's not for me. Another guy. In another forum.

 

But let's suggest, for the sake of argument, my friend was of good standing (so that clearly rules me out )and respect of his fellow forumers and another forumer was besmirching (is that spelt right? Besmirching?) his good name within that forum? Our very own Jeffry Shaw would have a leg to stand on - it's his real name. But would santo? I don't know!

 

Could you prove the intent to besmirch? Could you prove other forumers were not taking your friend as seriously as before based on those comments? Could you prove this was damaging to your friend?

 

I think you'd need deep pockets - I don't think you can get legal aid for libel. And they'd want paying up front. Wouldn't be no-win no fee......

[tinfoilhat]

Could you prove the intent to besmirch? Could you prove other forumers were not taking your friend as seriously as before based on those comments? Could you prove this was damaging to your friend?

 

I think you'd need deep pockets - I don't think you can get legal aid for libel. And they'd want paying up front. Wouldn't be no-win no fee......

 

Has anybody tried?

[Santo]

Has anybody tried?

 

The situation as you describe? No idea......

[medusa]

Hi tinfoilhat

 

It is possible to take legal action against another forum user even if you are both only identified by your usernames. It's complicated, lengthy and expensive, but it is possible.

 

It involves instructing a solicitor who can then apply to our data monitor with all of the information to satisfy the conditions of the Data Protection Act to have the information which we hold on a user (which does not include real name or other contact details) revealed to you. With this information one can start the process applying for a court order to compel their ISP to reveal the data that they hold about them, and that may then allow your solicitor to contact them directly or through their own solicitor.

 

If you can show enough cause for the court order and DPA then you may be able at that point to start a civil case against the other user at your own expense.

 

This process has been done in a few notable cases, but it's hellishly expensive and takes a very long time.

[*_ash_*]

With great difficulty! It doesn't help that you have a username which doesn't reveal who you are. Your real identity isn't being libelled. So how can you prove your image has been damaged?

 

(I assume Tinfoilhat isn't your friend's real name )

 

The thread says 'slanders someone else's username', what if the username was their company name?

 

Would that be different?

 

 

-

 

In the example of Jeffrey, we pretty much know it's him, but this site doesn't have a 'tick' type thing that other sites use to indicate that they have verified who they are, so I couldn't see that standing up, as you say.

 

I doubt this is common on a personal thing, but I would imagine is much more common with businesses.

[Santo]

The thread says 'slanders someone else's username', what if the username was their company name?

 

Would that be different?

 

Hmmmmm. Maybe it's different because the person's name (as per the example) is real?....whereas Ash....Ash who? Ash what??

[tinfoilhat]

Hi tinfoilhat

 

It is possible to take legal action against another forum user even if you are both only identified by your usernames. It's complicated, lengthy and expensive, but it is possible.

 

It involves instructing a solicitor who can then apply to our data monitor with all of the information to satisfy the conditions of the Data Protection Act to have the information which we hold on a user (which does not include real name or other contact details) revealed to you. With this information one can start the process applying for a court order to compel their ISP to reveal the data that they hold about them, and that may then allow your solicitor to contact them directly or through their own solicitor.

 

If you can show enough cause for the court order and DPA then you may be able at that point to start a civil case against the other user at your own expense.

 

This process has been done in a few notable cases, but it's hellishly expensive and takes a very long time.

 

Thanks medusa! With all that involved I can see why it costs a few quid.