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Threatened to be sued over Facebook review North Carolina

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  • Threatened to be sued over Facebook review North Carolina

    Ok a friend of mine posted a bad review of a local pub, and now the owner is sending them Facebook messages that he is goimg to sue her for libel. My understanding you can only be sued for posting lies that can be detrimental to the business, but can't be for the truth. Is this correct?

  • #2
    It is true that truth is a defense to defamation. However, in writing opinion it is easy to accidentally cross the line.

    Nonetheless, until or unless your friend is actually served with a lawsuit, tell her not to worry. Take the review down, at least for now, and forget about it. The odds that he will actually sue are low.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


    • #3
      Odds the lawsuit would win are also poor. Libel laws are very tight in this country. The person has to PROVE the other party was deliberately lying AND that they did so for reasons of MALICE. See the movie Absence of Malice, which does a good job of describing how the libel laws work in this country.

      HOWEVER, if you cannot afford an lawyer, certainly follow CBG's advice unless you are sure this is worth through hell for. Lawsuits are expensive for both side. Scary letters are cheap. Any no-name attorney will write one for $100.

      I used to do AP/PR for a very large company and I got 2-3 scary letters a year. We had an in house Legal department who considered them to be a bad joke. They said if the other side really had a case, they would call up Legal and invite them to lunch. They considered scary letters to be an admission of no case.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)


      • #4
        I'd just report the threatening messages to Facebook and move on. The guy is not going to sue.