Re: Harassment and Defamation on the Internet
Posted by Cheryl Martell on 4/04/07
To Charlene Blake re harrassment and defamation on the internet. The short answer to your question is 'no', there's little legal recourse open to you or anyone else in the situation you find yourself regarding responses to your internet based consumer advocate efforts. The only viable recourse applying in cases like yours would be when harrassing comments were emailed directly to you personally. This does not seem to be the case. My advice toward your posted inquiry is that (a) Your advocacy efforts are clearly in the public domain; (b) By virtue of your clearly public advocacy, your comments in that regard are open to public criticism; (c) Critical comments can be made public and directed at what you say in your campaigns; and (d) You personally can be subject to public criticism for your comments. Please note there is an extremely broad definition of what constitutes 'public criticism'. Unless the 'public criticism' constitutes a physical threat of some sort, just about anything goes. One other caveat. When attempting legal action in such situations, the 'plaintif' is subject to a legal doctrine of 'Clean Hands', meaning that the case will not stand if the plaintif can be shown to be doing the same things he or she is accusing others of. I googled your name and email address to learn more about your advocacy efforts. Your presence on the internet is very common, and is clearly public, in spite of your suggestion it isn't. Regretfully, my findings illustrate that you do not appear to be above reproach in the doctrine of 'Clean Hands'. I found a broad spectrum of comments by you, under your email address, where you made very demeaning comments about others who have criticised you. These can easily be considered to be 'harrassment and defamation' in the context you describe. As regards your public comments themselves, I see they are most often very non specific in nature, and as such are open to the broadest context of interpretation. In making generalized and non specific charges such as you appear to do very often, you simply just open the doors of criticism more widely. In a sense, you are aggravating the situation yourself. Last, you are also open to criticism in the area of using pseudonyms in your campaign. Without too much effort, I found at least ten pseudonyms which appear to be used by you in various websites. Clearly, you are in a very shaky position even if you did attempt to pursue this issue legally. There's an old saying: "People in glass houses shouldn't throw stones". Believe me, this is good advice! > I have been doing auto consumer work for the past decade. > Since my involvement in the Toyota engine oil sludge (well > documented by journalists, consumer agencies, and Toyota > owners) matter, some who are attempting to protect the > automaker have continued to harass, intimidate, and defame > me publicly. > > The hope is that the distraction and confusion will coax > auto consumers to reject my consumer information. I > believe the intent is to diminish and/or end the public > dialogue about this serious engine problem and to limit the > effectiveness of my consumer networking. > > What measures can be taken in such cases? My name as an > advocate is out there, but I am not a public figure in the > true sense. What legal measures are available to me? > > The "cyberstalker(s)" have used aliases and even posed as > me in order to discredit. One in particular lives in > Canada and uses Sprint for his internet access. He > impersonated me on a private blog, and the "owner" of the > blog revealed this information publicly. > > Thank you for your input. > > Charlene Blake > cblake@erols.com > Toyota Owners Unite for Resolution > http://www.petitiononline.com/TMC2003/petition.html
Posts on this thread, including this one
- Harassment and Defamation on the Internet, 2/11/07, by Charlene Blake.
- Re: Harassment and Defamation on the Internet, 3/15/07, by Dave Nightingale.
- Re: Harassment and Defamation on the Internet, 3/16/07, by CK in delaware.
- Re: Harassment and Defamation on the Internet, 3/28/07, by Roger Francis.
- Re: Harassment and Defamation on the Internet, 3/30/07, by Charlene Blake.
- Re: Harassment and Defamation on the Internet, 3/31/07, by Dave Nightingale.
- Re: Harassment and Defamation on the Internet, 4/01/07, by Charlene Blake.
- Re: Harassment and Defamation on the Internet, 4/03/07, by Garnet Williams.
- Re: Harassment and Defamation on the Internet, 4/04/07, by Cheryl Martell.
- Re: Harassment and Defamation on the Internet, 4/05/07, by Charlene Blake.
- Re: Harassment and Defamation on the Internet, 4/05/07, by Charlene Blake.
- Re: Harassment and Defamation on the Internet, 4/05/07, by Charlene Blake.
- Re: Harassment and Defamation on the Internet, 4/05/07, by Charlene Blake.
- Re: Harassment and Defamation on the Internet, 4/05/07, by Charlene Blake.
- Re: Harassment and Defamation on the Internet, 4/06/07, by Marisa Decker.
- Re: Harassment and Defamation on the Internet, 4/09/07, by Dave Nightingale.
- Re: Harassment and Defamation on the Internet, 4/16/07, by vincent gagnier.
- Re: Harassment and Defamation on the Internet, 4/16/07, by T. Tonary.
- Re: Harassment and Defamation on the Internet, 4/16/07, by Bruce Coristine.
- Re: Harassment and Defamation on the Internet, 4/16/07, by Charlene Blake.
- Re: Harassment and Defamation on the Internet, 4/16/07, by Charlene Blake.
- Re: Harassment and Defamation on the Internet, 4/16/07, by Charlene Blake.
- Re: Harassment and Defamation on the Internet, 4/16/07, by Charlene Blake.
- Re: Harassment and Defamation on the Internet, 4/16/07, by Charlene Blake.
- Re: Harassment and Defamation on the Internet, 4/17/07, by Walter Matthews.
- Re: Harassment and Defamation on the Internet, 4/17/07, by Rick Fasan.
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