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

[999tigger]

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

 

Yes you can do it, but make sure they have actually been defamed and that normally means the other person should be identifiable. You only talk about usernames.

[Love2print]

I can't remember the exact words used in law but for compensation to be awarded then it would need to have caused serious distress (possibly emotional harm, as said I can't remember the words used - probably best to look up the law in regards to this or get legal advice).

 

However, if the user were to receive a letter from a solicitor asking them to change their username then they may well do it rather than risking court. But they may well not - I was asked to remove content from a website as it was claimed it was libelous, it was not as it was true and I had plenty of evidence. This was from a company who I am sure would have had plenty of money to take me to court - they have not and the website is still there after several years. However, I'd imagine if most people received a threating letter from a solicitor then they would back down without the need to go to court.

 

If it was to go to court then it could end up being very expensive as Medusa pointed out. As there is no guarantee that your friend would win.

[Cyclone]

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.

 

For Slander though, it has to be against an identifiable person and cause damage to their reputation or standing.

Someone saying "Cyclone fiddles his taxes" isn't the same as someone saying that with my real name.

[tzijlstra]

For Slander though, it has to be against an identifiable person and cause damage to their reputation or standing.

Someone saying "Cyclone fiddles his taxes" isn't the same as someone saying that with my real name.

 

This is where the infamous Owlstalk case provides some interesting jurisprudence. Basically that judge was of the opinion that a nickname should not be reason to not pursue a claim and forced Owlstalk to give up the e-mail addresses of those accused of slander against Dave Allen.

[donotremove]

tinfoilhat, How old is your friend? 12?

 

If people call me names I usually just ignore them and get on with my life. One should not take oneself so seriously especially on internet forums.

 

Tell your friend that there are nasty people out there who will do far worse things to you than make a play on your username. They should just have a brew and get over themselves.

[Cyclone]

This is where the infamous Owlstalk case provides some interesting jurisprudence. Basically that judge was of the opinion that a nickname should not be reason to not pursue a claim and forced Owlstalk to give up the e-mail addresses of those accused of slander against Dave Allen.

 

That's the opposite though. There a real entity, Sheffield Wednesday FC is being criticised by pseudo anonymous people.

In this case, we're talking about an pseudonym being libelled by other pseudonyms. Of course if there is a real effect from it then damages could be proven. Perhaps even a loss of reputation within the forum might be sufficient. But I suspect that would be a much higher bar to reach than in a public libelling.

 

The OP hasn't said really what form the libel takes either.

 

If someone were to create an account CycloneSmells on this forum, I don't think that would be libel. Perhaps CycloneFiddlesHisTaxes would be though, if it were possible for that somehow cause me harm.

[Mr Bloke]

That's the opposite though. There a real entity, Sheffield Wednesday FC is being criticised by pseudo anonymous people.

In this case, we're talking about an pseudonym being libelled by other pseudonyms. Of course if there is a real effect from it then damages could be proven. Perhaps even a loss of reputation within the forum might be sufficient. But I suspect that would be a much higher bar to reach than in a public libelling.

 

The OP hasn't said really what form the libel takes either.

 

If someone were to create an account CycloneSmells on this forum, I don't think that would be libel. Perhaps CycloneFiddlesHisTaxes would be though, if it were possible for that somehow cause me harm.

That's interesting... so where would you draw the line then?

 

How about if someone created an account CycloneBoresMeToTears?

[Cyclone]

That's an opinion, you could say that about the queen on the BBC if you like.

[Mr Bloke]

That's an opinion, you could say that about the queen on the BBC if you like.

Yep - that's my point really.

 

When does an opinion become libellous?

 

Is it only when the 'libelled' person takes 'offence'?

[truman]

Yep - that's my point really.

 

When does an opinion become libellous?

 

Is it only when the 'libelled' person takes 'offence'?

 

Libel has to be a false statement that's damaging to a person's reputation.. I suppose the courts decide if the two conditions have been met...