How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask JimLawyer Your Own Question
JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 17071
Experience:  Senior Associate Solicitor
97337639
Type Your Law Question Here...
JimLawyer is online now

Someone put up a post about me on social media which I can

Customer Question

hello so someone put up a post about me on social media which I can prove the allegations aren't true that she's made. since then I've been receiving many messages of strangers threatening and/or just sending hateful messages. is there anything I can do to sue her for the emotional distress her posts and comments have made against me?
JA: Cases to do with defamation depend on many factors. Can you provide me with more details about the situation? How long has this been going on?
Customer: my partner and is ex have a child together. they both have parental rights over the child. they are currently going through a custody battle which is nothing to do with me as I have no legal rights over the matter. they posted the first post on Tuesday saying I have taken her son with my full name and photos of myself and then another one yesterday. they have also made comments to my location of residence within the comments of this post which has now put my child in danger as we moved there straight after coming out of a domestic abuse refuge to relocate so my ex partner didn't know what area I was in. he now knows what area I am in due to this post
JA: The Lawyer will be able to walk you through that. Have you talked to a lawyer about this defamation issue?
Customer: no not yet as I wasn't even sure if I had a case or not
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: not really no
Submitted: 17 days ago.
Category: Law
Customer: replied 17 days ago.
I have no rights to the child, the father does. I haven't or can never be able to with hold her child from her
Expert:  JimLawyer replied 17 days ago.

Hello, this is Jim and welcome to JustAnswer.

I am one of the legal experts on the site and I am a dual-qualified solicitor (UK & Republic of Ireland)

Thank you for the question, I am reviewing the details now and I will aim to resolve it as quickly as possible for you.


Expert:  JimLawyer replied 17 days ago.

Sorry to hear of the issue.

If you have a diagnosed injury from this then you could sue for personal injury, yes. But they need money to pay any claim. So you would need to know whether they have money or assets to claim against.

If there is no injury claim then you could consider a defamation claim. Though these are even more expensive and as such, it's only worth pursuing one if you know the person who defamed you has money.

A defamation claim requires that someone has either verbally said something (slander), or written something (libel) which was untrue and they knew it to be untrue - with the intention to damage your reputation. The untrue comments have to be brought to a third party’s attention to qualify.

There is a defence if the person who made the comments can prove the comments were true, or they held an honest belief their comments were true.

So there is a high evidential burden to prove defamation - meaning a lengthy court case. And the person who defamed you needs the means to pay any court judgment which is another consideration - it is all well and good to sue but ultimately if they have no money then it would be a pyrrhic victory.

You can claim for any financial loss incurred such as lost business, lots future job prospects and anything else reasonably incurred.

The limitation period is only 1 year for a defamation claim, so you should ensure you issue the claim at court within a year of the incident.

To stop further damage you need to send them a cease and desist letter.

A template “cease and desist” letter is available at this site : https://www.lawdepot.co.uk

If you click in tot the site, go to the search box and type in "cease and desist" and the choose the general letter.

The letter should say you demand that the social media posts are taken down immediately failing which you will apply for an injunction from the county court.

As for a defamation case, they are complex with them being heard in the High Court so you would be well advised to instruct a firm and ask them for a no win no fee agreement - a few do offer this so you would not have to pay anything up front.

Here are examples of law firms who could help you with this :

https://www.carter-ruck.com/expertise/reputation-media-privacy/defamation/

https://www.samuels-solicitors.co.uk/news/defamation-claims
https://www.curzongreen.co.uk/practice_areas/defamation/


Expert:  JimLawyer replied 17 days ago.

I hope this helps

Expert:  JimLawyer replied 17 days ago.

It was a pleasure to assist you today and I hope this answers the question.

If you have any follow up questions or if you would like me to clarify anything I have said, please let me know and I will be happy to help.

Many thanks,

Jim


Expert:  JimLawyer replied 17 days ago.

Just a final note that if you would like to reconnect with me at a later date, simply add me as a favourite expert and you can then tag me in a question.

I look forward to helping you again soon.

Thanks again,

Jim