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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A person who is not known to me has posted a comment on a website

Resolved Question:

A person who is not known to me has posted a comment on a website called cracked.com, via facebook, which I feel is defamatory to me. There comment gives my name and is that I "look like the sort of person interested in pubescent boys". He is trying to imply, or encourage others to infer that I am a pederast.
I hold a senior position at an all-boys boarding school. The school is situated in an Islamic country in which homosexuality is punishable by imprisonment and pederasty, theoretically at least, is punishable by death.
Reputation is everything here. If such a post becomes public knowledge locally to me my employer is likely to feel it necessary to cancel my contract leaving me without a home or income and having to relocate back to the UK at very short notice.
I have asked the poster of the comment to delete it but they have refused.
The poster is, I believe resident in the UK, hence me posting my question here.
Is there any action I can take to force the poster to remove the offensive post?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
What loss have you suffered please?
Customer: replied 1 year ago.
I have not yet suffered any loss in financial terms. I am not seeking compensationThe potential loss if this becomes known in my current location (Qatar) could be disastrous - I could lose my job and therefore my home which is tied to my job. If I lose my job my residence permit will be cancelled and I would be expected to leave the country within two weeks. I would not be able to get an exit visa, however, becuase ai have a debt at the bank that I could not clear in that time.
Customer: replied 1 year ago.
All I want is to be able to have the post removed and the poster prevented from making similar unfounded accusations in future.
Expert:  Ash replied 1 year ago.
Ok. What you would need to do is get a UK Solicitor to write to the Company hosting the site asking them to remove it or the poster itself.
If they refuse then sadly you would need an injunction. Your Solicitor would need to complete forms N1:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
And N16a
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
The Court would list the matter for hearing and decide whether it should be removed. If the Court orders it so removed and they refuse, this is contempt of Court where they would be warned, fined or sent to prison.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
I have written to the siteconcerned myself and am awaiting their reply. The site is hosted in the USA. Does that make any difference?
Expert:  Ash replied 1 year ago.
You would need to ask the UK resident to remove it, Otherwise if they refuse you either need a UK injunction for the UK resident to remove or a USA injunction for the hosting company to remove.
I can only tell you about UK law as a Solicitor here.
Does that clarify?
Alex
Customer: replied 1 year ago.
Thank you, ***** ***** clear
Expert:  Ash replied 1 year ago.
Good luck with this.
Alex
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