Can I get sued for defamation of character over Facebook fiasco?

Question

In short, I sent a private message to a third party on facebook, in this case a single person warning her of my ex. I did not include my real name in the message and the account that I sent it from was made up. The only comment I made that can get me in trouble would be calling my ex a "two-faced snake" and a "liar."

I did not:

- publish this anywhere else, it was only a private message to another person.

- I never threatened my ex in any way in the message.

What I did:

- Summarized the relationship I had with my ex to the third party.

My ex is threatening to sue me for defamation of character. I'm not sure if she's trying to intimidate me or whatnot but does she have a case here?

Answer 1

Defammation is the communication of a statement that makes a false claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government or nation a negative image. Most jurisdictions allow legal actions, civil and/or criminal, to deter various kinds of defamation and retaliate against groundless criticism.

Defamation of character is notoriously difficult to prove in court because protection of free speech guaranteed by the First Amendment. Courts generally agree that an opinion, no matter how malicious, is not the same as a stated fact.

Another problem concerning defamation of character is the actual truth of the statement. Some may argue that in order for defamation of character to occur, the alleged victim actually has to have character to defame in the first place. Calling a known neighborhood bully a 'thug' in the local paper wouldn't qualify as defamation of character, because it isn't a statement against fact.

Very few defamation of character lawsuits actually reach the level of a court trial. Many are settled privately, in order to avoid even more damage from publicity. Since actual damages must be demonstrated, some cases are dismissed because the statements or accusations do not rise to the level of actual slander or libel.

Answer 2

Anyone can get sued for defamation of character.

Winning is another matter.  For one thing, she would have to prove damage.

Answer 3

Anonymous defamation (or slander or libel), communicated to one other person, is still illegal, but does not include your "opinion" or anything that is actually true. "Two-faced snake" sounds like an opinion, and "liar" should be easy enough to prove accurate, so you're covered.

Answer 4

she would have to prove what you said was untrue and permanately harmed her reputation.  

Answer 5

That kind of case is nearly impossible to win in the US and would take a mostly crazy lawyer to take it on - shes is trying to intimidate you.

Answer 6

She does have a case if you lied. If you did not lie then you can't get in trouble.

Answer 7

how would she know what you said unless the 3rd party told her or forwarded the message to your ex. even if you set up a fake account, if the law wanted/needed to they could find where you set up the account at. if from your home computer, your screwed but i have serious doubts something this petty would get that far. shes trying to intimidate you. i would say calling someone a liar or snake is defamation of character. if anything id turn it around on her. report her as harraassing you & see how she liked it.

Answer 8

She could, especially since you posted the message through a phony account, which shows intent of deception.  

Defamation is difficult without showing actual damages (if the guy dumped her because of your statement, it that could be considered damages due to the loss of the relationship).  

A much easier thing would be for the person who you sent the the message to file a complaint against you with Facebook as a TOS (Term Of Service) violation - your computer could easily be traced and Facebook could close that account and block any future accounts through that computer.   If you sent more than one message, it could be considered harassment and they could file a police report also.

You really need to grow up and move on and not be involved in her life anymore if she doesn't want you to be.  It is highly likely her new boyfriend will only be more protective of her as it just shows how desperate, pathetic and psycho you are to do such a thing and not even have the guts to do so through your own name, even if she is a real witch.  It is up to the new guy in her life to decide for himself.  

Answer 9

i smell BS, until you see a lawsuit i would tell the woman to STFU and that by saying things like that she is riding the line of harrassment, but as far as you getting sued, you wont because your actions didnt cause her a "loss" of any sorts