Q: Can a Facebook fan page group admins be held liable for the false statement (s) posted by member?
The post is willfully misleading all facts that the owner of a store ABC in California do not pay a hefty sum of import products to companies XYZ. The owner is scammer and fugitive. People should be aware doing business with them. Whoever are their victims should speak out. However, the owner of the store works there every day. The post also shows the owner picture, phone number, residence address and business address to the page (it could violate the privacy right). People starts to share and comment that presented as a fact to damage the owner's reputation to me. Some people advises the group admins that the post should be removed, but the group admins comments that they have a right to post and want the people should know the issue in the community. It seems the statement(s) and comments presented as a fact that causes damage the owner character, reputation and business lawfully. I would like to help the owner to contact an California Attorney to resolve the issue. Please advise.
A:
Under California law, a person or entity can be held liable for defamation if they publish false statements that damage another person's reputation. Admins of Facebook fan pages, by allowing and potentially endorsing such posts on their platform, may bear some level of responsibility.
However, the liability of online platform operators, including group admins, is often nuanced due to protections provided by Section 230 of the Communications Decency Act, which can shield operators from liability for user-generated content. The publication of the store owner's personal information raises separate concerns related to invasion of privacy and potential violations of California's privacy laws. The store owner should gather evidence, including screenshots of the posts, comments, and any communications with the admins. Substantiating the damages incurred due to these false statements can bolster the owner's claim.
I strongly recommend that the owner consult with an attorney well-versed in defamation and privacy laws in California to understand the best course of action. Addressing the matter promptly can be critical to mitigating any further harm.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
