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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47903
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Can I sue someone negative and untrue information

Resolved Question:

Can I sue someone for posting negative and untrue information about me online?Or at least get an injunction stopping them from posting any further damaging posts?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. What is the nature of the comments made about you?
Customer: replied 2 years ago.

That I am a victim of someone accused of spreading HIV.My connection to the accused is that we dated before and broke up a few months ago.My name and location of where I live were mentioned in the comments made.

Expert:  Ben Jones replied 2 years ago.
Whilst this may appear to be a potential case of defamation (this includes libel if it is in written form, or slander if it is in oral form), such claims are extremely difficult to pursue. Many people are intent on suing for defamation without having any appreciation of the law behind them, so I will try and clear things up for you now. First of all, certain conditions must be met for the statement to be classified as defamatory. These are: 1. The statement has to be untrue.2. It must directly identify the complainant.3. It must have been published, usually communicated to at least another person.4. It must be in a form of words, which would tend to lower the claimant in the estimation of ‘right thinking members of society generally', expose the claimant to hatred, contempt or ridicule, or cause the claimant to be shunned or avoided.5. Its publication has caused or is likely to cause serious harm to the reputation of the claimant. Whilst it may be easy to prove that defamation has occurred, the legal process of pursuing such a claim is extremely complex and expensive. As this goes through the High Court, you would need the professional help of specialist defamation solicitors and the costs are undoubtedly going to run into the thousands right at the outset. Also there is no legal aid available for such claims so the complainant must fund these personally. So when you hear about defamation claims being made, these are usually pursued by big corporations or celebrities who have a public image to protect. You must also consider whether the party alleged of making the defamatory statement can defend the claim. Even if you satisfy the criteria to prove the statement was defamatory it could be defended on a number of grounds, including by providing evidence that the statement was substantially true or an honest opinion. There is of course nothing stopping you from contacting the other party and threatening them that what they have done amounts to defamation and that you will consider pursuing the matter further if they do not retract their statement. This could prompt them to reconsider their position, but I would not recommend that you actually proceed with a claim for defamation due to the issues highlighted above. The alternative is to try and get an injunction. It would be cheaper but still several hundred pounds, more if it is contested. It is basically a court order prohibiting the other person from doing something specific and if they breach it you could then consider further legal action for breach of that injunction. Again, I would suggest the non-legal routes first, where you issue a formal warning and provide them with an ultimatum before taking legal action but if that does not work, then an injunction may be the best first step to take. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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