Um, is this legal?

[PeppyGPhiB]

Originally Posted by epchick

You've got the right idea, except in this case it isn't slander, its libel. Slander is oral defamation, while libel is written.

If this guy decided to take it to trial he would have to prove "actual malice." If I can remember my Law of Mass Comm class correctly, the guy would have to prove that the creator of the group created the group without proper knowledge and didn't regard the validity of the information.

So he would have to prove that the creator of the group KNEW the information was false, but that they didn't care.

Actual malice is reeeeeeally hard to prove a lot of the time, especially the fact about knowing whether the information was actually true.

This is correct. In order to win a libel suit, the guy would have to prove that the person who created this group knew the information she was supplying was false and that she was intending to cause harm to him. First amendment protects her.

There are a ton of groups on Facebook similar to this one. They're not all claiming rape, but other atrocities.

[Kevin]

Originally Posted by PeppyGPhiB

This is correct. In order to win a libel suit, the guy would have to prove that the person who created this group knew the information she was supplying was false and that she was intending to cause harm to him. First amendment protects her.

I guess you've never heard of a false light. Portraying him as a rapist casts him in a false light and can cause him injury.

Accusation of a serious crime is also libel per se. If it's made regarding a private person, there's no requirement for malice. The burden would be on the defendant to prove that what she said was true -- that this fellla is a rapist. Since the police declined to file charges, that's going to be a pretty tall order.

There are a ton of groups on Facebook similar to this one. They're not all claiming rape, but other atrocities.

And because something is on Facebook, it's not actionable? What is the point of saying this?