Here’s how it was explained to me a few years ago by my brother.
I don’t think anything has changed.
On many internet sites people use pseudo type names. Like here, and yahoo message boards, etc.
On THOSE sites if you say something that defames a person under a fake name, it’s not as powerful of libel because they’re not using their real name, but it’s still a possible cause of action.
For example; “Echo29 sells drugs and has sold drugs that killed people.”
Now, if someone were to be Doxxed and their real Identity exposed, it changes everything.
For example; “Echo29 is John Dough he lives at 12345 Main Street, Reno, Nevada.”
That means now the statement of “Echo29 sells drugs….” is attached to John Dough.
John Dough has a strong cause for action because of Libel. Depending on the State in which John Dough resides, different infractions may apply.
Which brings up Facebook……..where most people use their real names so they can be found by friends and family and be identified with their personal “page”.
It’s different when the person is using their real name. Because if they have Cause they can take action quickly and easier if someone makes libelist statements about them. On Facebook it’s often Broadcasted to a list of Friends or Professionals the Plaintiff knows and people that know them.
The clincher is the person libeled needs to show damages……OR show that the statements made about them are so egregious that any reasonable person can assume it would and/or did harm them.
I can say to John Dough, “Why are you so lazy? Mow your lawn!”.
Well, how does that damage John Dough? It really doesn’t.
But if I say to John Dough, “You are a murderer and incompetent and deserve bad things to happen to you.”
Well, John Dough can show damages even if it’s unknown if John’s Ice Cream business was hurt because of that statement.
It’s also based on what any reasonable person would say, think or do.
A Jury (or Judge in a bench trial) would have to think if they heard that about John Dough, would they avoid his Ice Cream shop?
If so, there are damages.
So direct damages doesn’t need to be proven (although it helps), a fault in libel can be found if it’s presumed a reasonable person would be influenced by a libelist statement.
This convo came up between my brother and I when I was on Facebook (before I left).
My Congressman’s Web-Site was flooded with Leftist acting like Leftist.
So I would Dox them, go to Google Street view find their home and post their address and a pic of their house.
I got their address from the voter rolls.
I didn’t defame them. I didn’t Libel them as they use their real name and voter information is public domain. I merely shook them up. Some were very upset. 😆🤣😂
By the way…….David Chase is indeed my real name as I have stated many times before.
Now ya know why. 😉
Signed,
Bagster
Master of all Knowledge