Monica, where are you located (physically)? I'm not asking for a full address, but I think unless otherwise specified, I assume everyone is in the mid-Atlantic region of the US.
(disclaimer: not a lawyer. evidence: wikipedia is my main source.) I think I've read that Defamation laws in the UK are significantly harder to bring charges against than in the US.
I think that I should have changed my user-name to say un-libel instead of un-slander, based on my cursory reading of https://en.wikipedia.org/wiki/Defamation
If the offending material is published in some fleeting form, as by spoken words or sounds, sign language, gestures or the like, then it is slander.
In the United States, a person must prove that the statement was false, caused harm, and was made without adequate research into the truthfulness of the statement.
(emphasis mine)
I think that the statements against Monica by SE meet all three criteria.
Article 17 of the United Nations International Covenant on Civil and Political Rights states
1.No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.
2.Everyone has the right to the protection of the law against such interference or attacks
So location shouldn't matter too much: there was a wrong done to her reputation.
I do not know if the Right to Be Forgotten law may also (eventually) apply:
It has been defined as "the right to silence on past events in life that are no longer occurring."
It apparently only deletes the search results, not the underlying material, and appears to suppress ALL information about a person, which isn't ideal for reputation either.
I know SE is officially global, users are from all over, but its HQ is in NY -- so U.S. Law may apply, but possibly your own country's laws may also apply?
Sorry, just armchair-legal-theorizing here.
Monica, where are you located (physically)? I'm not asking for a full address, but I think unless otherwise specified, I assume everyone is in the mid-Atlantic region of the US.
(disclaimer: not a lawyer. evidence: wikipedia is my main source.) I think I've read that Defamation laws in the UK are significantly harder to bring charges against than in the US.
I think that I should have changed my user-name to say un-libel instead of un-slander, based on my cursory reading of https://en.wikipedia.org/wiki/Defamation
If the offending material is published in some fleeting form, as by spoken words or sounds, sign language, gestures or the like, then it is slander.
In the United States, a person must prove that the statement was false, caused harm, and was made without adequate research into the truthfulness of the statement.
(emphasis mine)
I think that the statements against Monica by SE meet all three criteria.
Article 17 of the United Nations International Covenant on Civil and Political Rights states
1.No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.
2.Everyone has the right to the protection of the law against such interference or attacks
So location shouldn't matter too much: there was a wrong done to her reputation.
I do not know if the Right to Be Forgotten law may also (eventually) apply:
It has been defined as "the right to silence on past events in life that are no longer occurring."
It apparently only deletes the search results, not the underlying material, and appears to suppress ALL information about a person, which isn't ideal for reputation either.
I know SE is officially global, users are from all over, but its HQ is in NY -- so U.S. Law may apply, but possibly your own country's laws may also apply?
Sorry, just armchair-legal-theorizing here.
Monica, where are you located (physically)? I'm not asking for a full address, but I think unless otherwise specified, I assume everyone is in the mid-Atlantic region of the US.
(disclaimer: not a lawyer. evidence: wikipedia is my main source.) I think I've read that Defamation laws in the UK are significantly harder to bring charges against than in the US.
I think that I should have changed my user-name to say un-libel instead of un-slander, based on my cursory reading of https://en.wikipedia.org/wiki/Defamation
If the offending material is published in some fleeting form, as by spoken words or sounds, sign language, gestures or the like, then it is slander.
In the United States, a person must prove that the statement was false, caused harm, and was made without adequate research into the truthfulness of the statement.
(emphasis mine)
I think that the statements against Monica by SE meet all three criteria.
Article 17 of the United Nations International Covenant on Civil and Political Rights states
1.No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.
2.Everyone has the right to the protection of the law against such interference or attacks
So location shouldn't matter too much: there was a wrong done to her reputation.
I do not know if the Right to Be Forgotten law may also (eventually) apply:
It has been defined as "the right to silence on past events in life that are no longer occurring."
It apparently only deletes the search results, not the underlying material, and appears to suppress ALL information about a person, which isn't ideal for reputation either.
I know SE is officially global, users are from all over, but its HQ is in NY -- so U.S. Law may apply, but possibly your own country's laws may also apply?
Sorry, just armchair-legal-theorizing here.
Monica, where are you located (physically)? I'm not asking for a full address, but I think unless otherwise specified, I assume everyone is in the mid-Atlantic region of the US.
(disclaimer: not a lawyer. evidence: wikipedia is my main source.) I think I've read that Defamation laws in the UK are significantly harder to bring charges against than in the US.
I think that I should have changed my user-name to say un-libel instead of un-slander, based on my cursory reading of https://en.wikipedia.org/wiki/Defamation
If the offending material is published in some fleeting form, as by spoken words or sounds, sign language, gestures or the like, then it is slander.
In the United States, a person must prove that the statement was false, caused harm, and was made without adequate research into the truthfulness of the statement.
(emphasis mine)
I think that the statements against Monica by SE meet all three criteria.
Article 17 of the United Nations International Covenant on Civil and Political Rights states
1.No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.
2.Everyone has the right to the protection of the law against such interference or attacks
So location shouldn't matter too much: there was a wrong done to her reputation.
I do not know if the Right to Be Forgotten law may also (eventually) apply:
It has been defined as "the right to silence on past events in life that are no longer occurring."
It apparently only deletes the search results, not the underlying material, and appears to suppress ALL information about a person, which isn't ideal for reputation either.
I know SE is officially global, users are from all over, but its HQ is in NY -- so U.S. Law may apply, but possibly your own country's laws may also apply?
Sorry, just armchair-legal-theorizing here.