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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69788
Experience:  Over 5 years in practice
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It has come to my attention that an advert stating my full

Resolved Question:

It has come to my attention that an advert stating my full name has been put into a shop window near my local town. It is offering massage with an under current of other services. The police have been called but do not have the time to go through the CCTV system. I am awaiting a response from the shop owner to see if I can view the CCTV myself as the police have given me permission. Are the shop owners in the wrong for allowing such an advert to be placed, especially with a ladies full name? Surely this should have been deemed as suspicious and checks should have been made!! I know a lot of people in this area and I feel that this is a deformation of character. I have also received some awful phone calls from men as a result of this ad. Please advise if I have a case against the shop keeper?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
As the advert now been removed?
Do you have any idea who could have placed it there?
Do you have any idea why anyone would have placed it there?
Customer: replied 2 years ago.

Hi, I have my suspicions that it is my partners ex who is jealous. The police have picked up the advert and have it in their custody. The officer did say that in his opinion, it was worded by a woman.

Expert:  Jo C. replied 2 years ago.
It is unlikely that you have a defamation claim or any other claim against the shopowner because the shopowner simply provided the facility. He has not published it. It was published by whoever wrote it.
You have a claim against that person in both harassment (if this is part of a course of action but not if it is in isolation) and defamation.
Harassment is a police matter and defamation is a civil matter.
However to bring a successful defamation claim you are going to have to find out who the culprit is.
You can make an application to court for pre-action disclosure of the CCTV to compel the shopowner to release it to you.
As you are not on the CCTV you have no right to it under the Data Protection Act.
The court application for pre-action disclosure, if done by a solicitor will probably cost about £800 plus VAT and you will not recover those costs from the shopowner because he is acting within the terms of the data protection act by not disclosing it to you.
Even if you do find out who the culprit is a defamation claim is not going to be cheap and a cease and desist injunction preventing the X doing anything else like this is going to be cheaper but you are going to have to find out who the culprit is.
Unfortunately, the opinion of the officer, that it was worded by a woman is merely circumstantial.
If the police suspect that it is the ex who is responsible for this they are likely to give her a visit by way of "making enquiries".
That may stop any further action by the X if she thinks that she may get caught out next time
I am sorry if this answer is unfavourable for you.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69788
Experience: Over 5 years in practice
Jo C. and 3 other Law Specialists are ready to help you
Customer: replied 2 years ago.

I have no more questions thank you. I am just relying on the goodwill of the shop owner now. I think there should be some sort of law against advertising like this and checks should be made to ensure that they are not malicious!

Thanks for you help and advice!

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