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Thread: Defamation

  1. #1
    Join Date
    Dec 2000


    I realize defamation is a hard thing to prove, but if a site defames a person, company, religion, or organization, is it hard to get a host to take action? I would assume that in most cases, people host with a hosting company and most hosts have a TOS which prohibits defamation and libel.

    What if you contact a host and they decided to do nothing, is there a way (other than legal action) to pressure a host to take action?

    I once contacted NetworkSolutions about defamation and asked that a domain be yanked. They told me they could not take action without a court order.

  2. #2
    Join Date
    May 2004
    Pflugerville, TX
    Assuming you address (no bulk sent mail) each site owner individually and stick clearly to the facts, you could look up the server IPs, generate a list of every site on the server and email every site that resides on the same server, alerting them to the hosts' failure to respond or act and giving your opinion on the matter. Maybe this would apply adequate pressure to the host.

    Of course, if you're not 100% truthful and you can't prove everything you've said, you're engaging in an act of defamation. So make sure you dot your 'i's and cross your 't's!
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  3. #3
    If it's not illegal then most hosts wouldn't act on it.

  4. #4
    Join Date
    Dec 2000
    the_pm, thanks for your suggestion. If it is clearly slander or defamation, an email could be sent to all the other sites on the server advising them that as we may take legal action, the server may be subpoenaed. I'll bet that would at least get the hosts attention.

    joshcrick, unfortunately what is deemed illegal is not so clearly define.

  5. #5
    Join Date
    Jun 2002
    Waco, TX
    fraud and spam are things that a host can take action on, defamation and slander must be proven. IMO
    Just because someone speaks negatively about someone or some company does not make it defamation when the person that is being talked about says it is, that is for a judge to decide. It may not be something good for the person being "defamed" but it may well be the truth, and that is where the host is NOT the judge.

  6. #6
    Join Date
    Jul 2003
    I think also you must prove (have a judgment in your favor) to take any action against defamatory content.

    I don't think you should email all the sites on their server -- what would that accomplish other than have you labeled as a spammer?
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