The difference between cyber bullying, slander and defamation

Cyberbullying is the use of the Internet or other electronic means to harass a person, a group of people, or an organization. Defamation is a published false statement that damages a person’s reputation. It is a malicious attempt to discredit a person by misrepresentation. Slander is the act or crime of making a false spoken statement that damages a person’s reputation.

If it happened to me, it can happen to you

I have recently been the victim of this type of malicious and vengeful behavior. I was involved in a small claims court case regarding a website my company designed for a company that forms corporations in Reno. The CEO wanted the website to be merged with Infusionsoft, a software program that helps businesses with their email marketing. She wanted to be able to control her website, Internet, and email marketing herself. She licensed the program months before interviewing design firms to create her company’s website. Once hired, we did exactly what was outlined in the agreement and even provided more pages and additional work that they requested and did not pay for (extras totaled $5800). When the site went live, they told us they couldn’t learn Infusionsoft and wanted their money back. I had to take them to small claims court to get the $2500 they still owed us for programming and design. I won the trial and the judge dismissed the CEO’s counterclaim. So the CEO decided to send me a threatening email and started a smear campaign through her blog.

This type of behavior is not only unprofessional, it is extremely destructive. If I had respect for the person and viewed them as highly educated and informed, I might have been insulted and upset, but I have considered the source. However, I still need to be vigilant and continue to look for any further inflammatory actions regarding myself or my company’s reputation. I use Google Alerts because it tells me when someone mentions my name in many forms of online communication. A good reputation is valuable to anyone running their own business, looking for a job, or working for a corporation. As a graduate of Parson’s School of Design, I view design as a creative solution to help grow business and always strive to exceed my clients’ expectations. I have built a highly reputable business and have won 18 prestigious awards in the last 13 years. Out of over a hundred clients I’ve served, this is the first complaint I’ve received. It is not right for a vindictive person to harass someone online simply because he lost a small claims lawsuit.

What you can do to fight back

If you have been the victim of defamation or slander, there are steps you can take. It is vital that you provide proof of the crime if you plan to proceed with a lawsuit. You need to make a hard copy of the statements. If it was made on a blog, take a screenshot of the blog showing the false statement and the responses made to the statement. If the statement was made in verbal conversation, obtain a written statement from a witness who heard the slander and have it notarized. It is important to document any response before starting a lawsuit.

Then you must file a complaint, which is a legal document that is filed with the court to start a lawsuit. A good resource for filing a complaint is: http://www.ehow.com/how_2040840_sue-someone-internet-libel.html

If possible, hire a lawyer to help you write the complaint. You will also need to pay a filing fee and it varies depending on how much you seek in damages and where you file the complaint. The court can provide you with a form to send to the defendant along with a copy of the complaint and a request for an answer. After the defendant files and responds, there is a discovery phase, which is the time when both parties request documents and evidence. At this point, you can send the defendant a list of questions about why he made the statements and how many people he told or how many blog responses he received. Since the questions are asked under oath, if you can prove your answers are false, that would be considered perjury.

If you prefer to handle the problem using online resources, there is an Arbitration Committee through Wikipedia.org. The URL is: http://en.wikipedia.org/wiki/Wikipedia:Arbitration/Guide_to_arbitration and you would fill out an RFAR, Request for Arbitration and the Committee would vote on whether to open the case.

I would like to hear your opinion

If you have feedback, have experienced a similar situation, or have additional tips, please let me know.