Q: Is this slander? Man takes our pic & posts on fb with several false allegations & hundreds of people seeing and comment

Flew drone 2 find dog it died and random man came outside taking our picture well larer in evening we come accross our picture being blasted and several people saying heinous things due to the nasty words he posted with our picture apparently a neighbors weed got taken over a month ago and hes labeling us part of it when in actuality had no idea. Our dog chased a deer while up at the park river and we couldn't find her so we used the drone and flew it over the vinyard which that wierd guy who took our picture is neighbors to vinyard.

Is this legal to do?? Or what can i do?

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: If someone takes your picture without consent and posts it online with false allegations, this could potentially fall under slander or defamation, depending on the nature of the comments and the jurisdiction. Defamation involves making false statements about someone to a third party, causing harm to the person's reputation. The distinction between slander and libel depends on whether the defamatory statement is spoken (slander) or written (libel). In the case of social media posts, it's usually considered libel.

It's crucial to document everything related to the incident, including screenshots of the post and any comments, as they could serve as evidence if you decide to take legal action. You might want to reach out directly to the person who posted the photo and request its removal, explaining the inaccuracies and how they've affected you. Additionally, you can report the post to the social media platform, as most have policies against posts that harass, threaten, or defame others.

For concrete steps on how to address this issue legally, it might be beneficial to consult with a lawyer who has experience in defamation or privacy law. They can advise you on the likelihood of success in a legal challenge and the possible remedies available to you, such as a retraction, an apology, or compensation for damages. Taking legal action can be a significant step, so it's important to consider the emotional and financial implications.

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