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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3497
Experience:  Solicitors 2 years plus PQE
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What do I need to do to get defamation information about me

Customer Question

What do I need to do to get defamation information about me off google?
Submitted: 9 months ago.
Category: Law
Expert:  Alex J. replied 9 months ago.
Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. You have a right to be forgotten in accordance with recent EU legislation. There are "Take Down" requests you can make directly to Google here https://support.google.com/legal/troubleshooter/1114905?hl=en#ts=1115655Do you have a court order in your favour against someone for defamation? Kind regards AJ
Customer: replied 9 months ago.
HI AJ. No I don't have a court order. How do I apply for one? This guy has posted videos of a conversation argument we have on live leak and youtube and written awful things about me on wordpress and blogspot with my picture on it. He keeps going on the links and they are now at the top of the list on google so if you gale my name its the first thing you see. This is bad for both my professional and personal life. How do I get a court order?
Expert:  Alex J. replied 9 months ago.
Hi, Thank you. Do you know this individuals location? Is he based in the UK? You would need to sue him for defamation. In the mean time you do have the right to insist that Google forgets you. I look forward to hearing from you.
Customer: replied 9 months ago.
No, I do not have the individuals location however he is based in the UK. I have his mothers location. How do I go about suing him?
Expert:  Alex J. replied 9 months ago.
Hi, Thank you. To commence a claim for defamation you need an address to serve the proceedings on. As a starting point have you suffered any financial loss as a result of this? Have you asked the person to take the content down? Kind regardsAJ
Customer: replied 9 months ago.
I have not been able to ask them down as they hold a personal problem against me. My attempt to speak to them turned into them attacking me outside my house to which I called the police and charged them. The court case was thrown out because the person that was was with me could not attend the court on the day of the case. I had to buy a new phone and load all my information on it for work when I was under investigation. If I didn't do this I would have lost out on work. I have received emails from employers showing me this content online which has probably lost me more work. During a job I was taken outside by security where I was questioned abut the content online to which when I explain the process I was looked upon closely during the job. This problem consistently hover over me and pops up first on google making it very tarnishing to my life and if you saw what was said about me you would understand why it needs to be taken down. Ive tried forget.net and google removal before. There answers were that the they feel that the public interested in this and so for this reason they will keep it online. How do I get it off line?
Expert:  Alex J. replied 9 months ago.
Hi, Thank you. You would have to commence proceedings against again this individual and sue him for defamation and obtain an injunction ordering him and google to remove the content. In order to do this you would need to send him a letter before action giving him and opportunity to remove the content. If this individual received a letter form a solicitor threatening an injunction and court, would they likely react to this or do you think they would let the matter go all the way to court? Kind regards AJ
Customer: replied 9 months ago.
I do not know this individual personally apart from the three situations I've been faced with him. The first incident he filmed me in 2014, the second time was his attack on me early 2015 and the third was in court in 2015 when the case was thrown out. From my understanding of his behaviour in all instances I believe he has a low level of education and cannot be reasoned with so I assume that he might let the problem go all the way to court which I am emotionally ready for as I feel I have the knowledge to fight this and win. This footage was posted online in 2014 after the first incident. I had it removed with youtube options which are no longer available. After I was attacked the video was reposted on two different links with a wordpress and blogger post. He posted these as different alias'. On my investigation in 2015, I saw the the police and they said that I cannot prove that it was him who has reposted this information online so they could not investigate him until I had hard evidence to support that he did this again. Nobody would repost this stuff about me so its pretty obvious that he reposted it and I really feel like I am stuck. If I write the letter myself it won't have power so I think a solicitors letter will have impact. How do I construct a legal represented letter of this nature and how do I send it to him if I do not know his direct address?
Expert:  Alex J. replied 9 months ago.
Hi, Thank you. You can send the proceedings to his last known address. The problem is if you write the letter yourself he is likely to just ignore it, especially if he believe he can get away with criminal sanction. If you know a local solicitor, it may be worth having the solicitor sending the letter. If this individual sees on the headed paper of a solicitor a demand for money and action, he may be inclined to take the matter more seriously. Is Google the only search engine currently playing the video?
Customer: replied 9 months ago.
No, I have found posts on Bing and Yahoo too. Im not sure what other search engines there are but Im assuming the worst as the videos and posts have been posted on Youtube, Blog post, Wordpress and live leak and I assume that after being online for around 9 months they will probably have gone too most search engines. Would you be able to recommend any solicitors that could help me through this. I asked citizens advice bureau for legal aid on the matter and they don't cover this area so this is the reason why its taken so long to sort out, I don't have a strong financial backing. What's the best way of moving forward?
Expert:  Alex J. replied 9 months ago.
Thank you. The best way to find a local solicitor to help is to contact the Law Society www.lawsociety.org.uk - we cannot recommend specific people on this site. The issue to consider is having a solicitor seek an injunction against an individual for a matter like this could cost up to £10k, to take it all the way - this is why I suggest seeing if the threat of legal action in the first instance may cause him to comply. Was the content of the video filmed in a situation where you had an expectation of privacy?
Customer: replied 9 months ago.
10K?!!!!??? This is extortionate, I could never afford this. I am happy try your suggestion of legal action in the first instance to try make him comply. I was in an alley talking to my business mentor, at the time, about a break up I was going through with my partner, at the time, who was in my house just around the corner. I was outside because I needed privacy from her so that I could talk freely about the subject. The conversation was interrupted by the person who filmed me. What does this term mean "expectation of privacy?"
Expert:  Alex J. replied 9 months ago.
Hi, Thank you. What part of the conversation did he actually film? Just your confrontation with him?
Customer: replied 9 months ago.
Yes just the confrontation. His posts does not match the videos just the argument and it's with this text that he has created the defamation...
Expert:  Alex J. replied 9 months ago.
Hi, Thank you. When you contacted Google - did you explain that you just wanted the text removed and not the video? I am thinking that as there was a expectation of privacy when the video was and the associated text can identify you personally, you should consider making a complaint to the Informaiton Commissioner Officehttps://ico.org.uk/ - they may be able to order Google to remove the text under the video that identifies you.Kind regards AJ
Customer: replied 9 months ago.
I followed your first link and posted to google the links with defamation of my name. I have done this about 3 times before with www.forgetme.net and the Google remove. All attempts failed. Last night I got back in this and started it all again reading new information about defamation and came across this site. And of course we are here. What do I say to get the text removed in my compliant to the information commissions office?
Customer: replied 9 months ago.
Oh and no I didn't ask google to just remove the text as I did not know this was possible.
Customer: replied 9 months ago.
I just called the information commissions office and they said that I cant make a compliant against an individual so I'm assuming I should have made a complaint against Google. How would I complain about googles actions in this case as I still don't understand the term 'expectation of privacy.' What do I say?
Expert:  Alex J. replied 9 months ago.
Hi, Thank you. There are two points here (i) I think it is unlikely you will get the video removed based on Googles current standing on the issue, i.e it is in the public interest (ii) The text under the video is what causes the video to come up in a search with your name. If you narrowed your request to remove the content and just limit it to the text, you may have more success with Google. Does the text identify you by name?
Customer: replied 9 months ago.
Yes title, and the text has my name in full. Also the tags are targeted to my work so making every possible way of exposure if my name is there. Ok so just that we are on the same page should I post again to (https://support.google.com/leg…) stating that I want all the text removed from these posts of me or at least my name? If this is the case Should I word it as Ive said it?
Customer: replied 9 months ago.
Also does this mean I should still seek a legal letter from a solicitor?
Expert:  Alex J. replied 9 months ago.
Hi, Thank you. Yes, make the request on the basis that you want your name removed from the text - say with the video it constitutes personal data and is a breach of your reasonable expectation of privacy - and therefore any mention of your name must be removed.. Say if they do not remove it you will make a complaint to the Information Commissioners Office for using your personal data and image without your consent. If they take the text down, that would surely resolve the issue and therefore you wont need to spend money on a solicitor. Kind regards AJ
Customer: replied 9 months ago.
Ok I will send these messages out and come back to you. Thank you
Expert:  Alex J. replied 9 months ago.
Many thanks. I look forward to hearing from you. Any feedback in the mean time is gratefully received.
Customer: replied 9 months ago.
The information about google removal is something I did before, I also used Forgetme.com. I tried as hard as I could to go around not using a solicitor as this will cost money I don't have but the letter is something I might have to go through and so you have made this pretty clear. the last bit of information that you recently given me has been helpful if it works but I can only tell you that when google replies to my messages on the matter. Im not sure how else to give feedback. Please advise me...
Expert:  Alex J. replied 9 months ago.
Hi, Thank you very much. Please do not hesitate to contact me once you have received a response and I am happy to deal with any follow up points. Kind regards AJ
Customer: replied 9 months ago.
I will for sure. Thank you very much for everything so far.
Expert:  Alex J. replied 9 months ago.
No problem. Many thanksKind regards AJ

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