How can take action against defamation on any website about other website? Any one knows the procedure?
1st step would be to warn and email the other site, doesn't work try contacting their host and ask them to bring their site down.
Paypalsucks is a classic example. Ebay can't touch them, something about Freedom of Speech in the U.S. Legally you will have to prove revenue lost due to the website to a judge at one point if they don't cooperate. Of course all they have to have is some type of proof* that what they say is true for a judge to throw the case out. *If you call someone and idiot, hooker, retard, and can prove it, then it is not defamation.
File a lawsuit against them. Your first step would be to contact a lawyer. It's one thing to give a first person account of feelings, such as: - I thought Band X's music was horrible. - Site X ripped me off and here's the proof. It's another to defame through false accusations like: - Site X are criminals - Person Y is a drug addict (unless you can prove it) - Band X was on Cocaine when they performed last night If it's true, it's not defamation. If you've honestly been defamed, you will need to go to court. It's highly unlikely that a host would shut down a site, because if they did, they'd possible face a law suit from the person/company they shut down.
It's freedom of speech if it's true or opinion. If it is actually defamatory only a court order will get it pulled. As far as a lawsuit, the damages would have to be proven before any reward or compensation would be made. If it's just a matter of someone badmouthing your site then most lawyers aren't going to touch it as it simply isn't profitable for them to pursue unless you want to pay for it. Oh, and if it's not you they're defaming- you can do nothing. The actual affected party must file the suit.
Freedom of speech isn't freedom of consequences. Also, the First Amendment actually pertains to the government limiting freedom of speech, not the public.
I understand that's the case in the US, but it's not quite the same here in the UK. Here, defamation is actionable per se - there's a presumption of damage if the claim is proven. So I guess it depends where the OP - and the party they want to sue - is based? Rob.
Correct, that's why it's not illegal for someone to publish something (i.e. the government creates the laws...). Which is why I went on to mention that damages would have to be proven for any action to be taken. It's a civil rather than a criminal matter.
If it is from other country, you can't do nothing. The law from his country is not the law from your country. Also you have to do the legal actions in his country. What you do if the site is from China,India or else? Maybe you can use his method against him.
yes the problem is that these persons are from other country, thats what i m asking there is any cyber law to take action against the publisher website.
cyber law or not cyber law you can not do legal actions against other person of other country if doesn't exist a law partenership between the two countries refering to this problem.
Are you saying that the website owner is in one country, and the company hosting his website is in another country? You might be able to go after the hosting company instead of the site owner, but unless you and the host are in the same country it doesn't really help you. It might be possible to hire lawyers in the host's country, or the owner's country, and pursue them through the courts in their own country, but unless it's really really important I would think it would be far more trouble than it's worth. As was said at the start of the thread, you might be better off finding out who's hosting the website and complaining to them. If you get no joy there, see if you can find out more about the host. If they're a smallish reseller, you might be able to take the complaint higher up, to the company whose services they resell. I've had some success with that approach before, but it's never certain to work. Rob.
Try once again by email telling you are going to have a defamation case against him.If he doesn't reply then go to some forum like this and try telling that about the person.
In the UK it depends if it is slander or libilous, one is strict the other requires proof of damages. That said the awards for damages where proof of loss cannot be provided is minimal.
You're absolutely right, thanks for pointing that out. I wasn't thinking in terms of slander, since the OP was talking about a website which would come under libel. But I did say defamation, rather than libel. My mistake - good catch! Rob.
I don't think calling someone an idiot count as defamation in any case. It's a curse words. For defamation to work, you need to say something "believable". Calling a person is a liar is believable. Calling a person is a dog, is not.
Calling someone an idiot certainly would be defamation. If you have someone who's livelihood is selling their "interlect" then under mining that will under mine their business. If a phrase has a commonly understood meaning (eg calling someone a dog means they are unattractive/ rough etc) then there are certainly grounds for deformation. Calling someone something which has no common meaning then you may get away with it but you run the risk that when you call someone a fax machine that this may actually have meaning in other areas/ countries etc