When Cyber Harassment Becomes Libel Or Slander, It Can Get Ugly

By Linda Danaher
Cyber harassment is the use of the Internet or other electronic means to harass an individual, a group of individuals, or an organization. Libel is a published false statement that is damaging to a person's reputation. It is malicious intent to discredit a person by misrepresentation. Slander is an action or crime of making a false, spoken statement that is damaging to a person's reputation.

If It Happened To Me, It Can Happen To You

I have recently been a victim of this type of malicious and vindictive behavior. I was involved in a small claims court case regarding a website that my company designed for a company that forms corporations in Reno. The CEO wanted the website to merge with Infusionsoft, a software program that helps companies with their email marketing. She wanted to be able to control her website, internet and email marketing herself. She had licensed the program months before she interviewed design companies to create her company's website. Once hired, we did exactly what was outlined in the agreement and we even provided more pages and extra work that they requested and didn't pay for (the extras totaled $5800). When the site went live, they informed us that they were incapable of learning Infusionsoft and wanted their money back. I had to take them to small claims court to get the $2500 that they still owed us for the programming and design. I won the judgment and the judge dismissed the CEO's counter suit. The CEO then decided to send me a threatening email and began a smear campaign through her blog.

This type of behavior is not only unprofessional, it is extremely destructive. If I had respect for the person and viewed her as highly educated and informed, I may have been insulted and upset, but I have considered the source. However, I still need to be vigilant and continue a search for any other inflammatory actions regarding me or my company's reputation. I use Google Alerts because it informs me when someone has mentioned my name in many forms of online communication. A good reputation is valuable to anyone in their own business, searching for a job or working for a corporation. As a graduate of Parson's School of Design, I view design as a creative solution to help increase business and always strive to exceed my client's expectations. I have built a very reputable business and have won 18 prestigious awards in the past 13 years. Out of more than a hundred clients I have serviced, this is the first complaint I have received. It is not right for one vindictive person to harass a person online merely because they lost a small claims judgment.

What You Can Do To Fight Back

If you have been a victim of either of libel or slander, there are steps you can take. It is vital that you provide proof of the crime if you plan to proceed with a lawsuit. You need to make a hard copy of the statements. If it was made in a blog, take a screen shot of the blog showing the false statement and any responses made to the statement. If the statement was made in a verbal conversation, get a written statement from a witness that heard the slander and have it notarized. It is important to document any responses prior to initiating a lawsuit.

Then you need to file a complaint, which is a legal document filed with the court to begin a lawsuit. A good resource for filing a complaint is: http://www.ehow.com/how_2040840_sue-someone-internet-libel.html

If possible, hire an attorney to help you draft the complaint. You will also need to pay a filing fee and it varies depending on the amount you seek in damages and where you a filing the complaint. The court may provide a form for you to send to the defendant along with a copy of the complaint and a request for their response. After the defendant files and answer, there is a discovery phase, which is the time where both parties make requests for documents and evidence. At this time you can send the defendant a list of questions asking why they made the statements and how many people they told or how many blog responses they received. Since the questions are asked under oath, if you can prove that their answers are false, that would be considered perjury.

If you prefer to handle the problem using online resources, there is an Arbitration Committee through Wikipedia.org. The URL is: http:// en.wikipedia.org/wiki/Wikipedia:Arbitration/Guide_to_arbitration and you would complete a RFAR, Request for Arbitration and the Committee would vote on whether to open the case.

I Would Like To Hear Your Opinion

If you have comments, have experienced a similar situation, or have additional advise, please let me know.

Linda E. Danaher is the Creative President for Danaher Design, LLC, a high-quality design studio providing cooperative marketing programs, advertising, illustration, corporate identity, direct mail, website design, package design and copy writing services.

A graduate of Parsons School of Design, NY, Linda worked in Manhattan as a designer and art director for two Fortune 100 companies and an innovative design firm. After working several years as Senior Art Director for Bristol-Myers Squibb Company, Linda started Island Communications in New York in 1997. She relocated to Reno, NV in 2003 and created Danaher Design, LLC.

Her client list includes: American Parkinson Disease Association, Avis, Bristol-Myers Squibb Company, Jones Lang Wootton, USA, Yellow Book, USA, The New York Chinese Scholar's Garden, Staten Island Botanical Garden, Snug Harbor Cultural Center, Historic Richmond Town, and Wyeth.