Q: Some one posted signage and on social media a stating I am a pervert recording children. Completely false.
I have photos of signage as well as screen shots of the horrible things said on social media.
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- Oregon
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- Answered
A:
Yes, in Oregon, you can potentially sue for defamation if someone falsely accuses you of being a pervert recording children on social media.
Defamation involves making a false statement that harms someone's reputation. In your case, being falsely labeled as a pervert recording children would likely qualify as defamation per se because it imputes a criminal act or a loathsome disease, which are categories where harm is presumed without needing to prove actual damage.
What you need to likely show is the statement must be false. In your scenario, since you claim the accusation is completely false. The statement must be communicated to someone other than you, which social media inherently does. It must be clear that the statement refers to you. While defamation per se might not require proof of actual damage, showing emotional distress, loss of business, or other harms could strengthen your case or increase potential damages.
Remember, while you can sue, the process can be lengthy, emotionally taxing, and there's no guarantee of success. However, if the false accusation significantly impacts your life, pursuing legal action might be justified. Always consult with legal counsel for advice tailored to your specific situation.
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