Defamation on Facebook

Social websites, such as Facebook, give people the opportunity to post statements in the comfort of their home or office in the illusion of privacy. Yet statements made on Facebook are not private, they are very very public. A false statement posted by someone can not only be hurtful but also damage the other person's reputation.

The law of defamation has been around for centuries to protect innocent people from false public accusations. There is a defamation claim when:

1. There is a false and defamatory statement (a statement which, if believed, injures a person's reputation).

2. The statement was an unprivileged publication to a third party. Privilege exists between two doctors. If your doctor made a false statement about your health, such as you have HIV, to a friend of yours then that would be an unprivileged publication.

3. The defendant is at least negligent (the speaker knew or should have known that the statement was false).

4. The statement is "per se" actionable, such as accusing you of a serious crime, or creates some other special harm.

There is a second claim that can be brought for defamatory statements: a false light claim. A false light invasion of privacy claim arises when the defendant publicizes a matter that places the plaintiff before the public in a false light.

Identity Theft

The BBB of Alaska is offering a free, anti-fraud seminar to promote consumer protection education. The presenters include the Alaska Dept of Health & Social Services to talk about Medicare Fraud and the Social Security Administration to talk about protecting your Social Security Records. The event will be Thursday, November 12, 2009 10 AM- 12 PM at the Anchorage Senior Citizen Center, 1300 E 19th Ave, Anchorage AK 99501. RSVP: 562-0704 or events@thebbb.org.

Balloon Hoax

Last week the nation was gripped in fear over the welfare of a 6 year old boy allegedly floating across the Colorado sky in a helium balloon. Evidence is not coming to light that the parents filed a false police report in order to gain free publicity and they are about to be prosecuted for it.

In Alaska, filing a false police report is a crime under Alaska Statute 11.56.800 and Anchorage Municipal Code 08.30.050. Conviction for the filing of a police report can result in jail time up to one year and a fine as much as $ 200,000.

The resources of our state and local law enforcement are strained enough without being sidetracked by false reports so it makes good sense that we have such a law. On the other hand, the reporting of crime should not be deterred. The line between whether someone files a false police report or made a mistake may sometimes be blurry so it is important that prosecutors and the court system look at these cases hard before subjecting an individual to criminal prosecution.

If you have information regarding someone who has filed a false police report, your information should be provided to the police. If you have been accused of filing a false police report, you need to contact a criminal defense attorney. To find a criminal defense attorney, you should call the Alaska Bar Association Lawyer Referral Line: 272-0352.