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Catfishing defamation case study

Catfishing defamation case study

How do you stop someone from defaming you?

This case demonstrates a typical social media defamation case where with prompt action and the right legal support a case that could have lasted for years, was brought to a satisfactory outcome very promptly.

Table of content

Defamation on Twitter case

Defamation and the right to be forgotten

Twitter defamation strategies

Legal Issues in pursuing a Twitter defamation case

Lawyer’s thoughts about the case

Defamation on Twitter case

Mr Jerome, a man in his late 40s embarked on a journey to find love. In 2016, he ventured onto a dating website, donning an online persona and a pseudonym to protect his identity. His quest for connection led him to an enchanting romantic partner. Their love story began to unfold after they met on the website Plenty of Fish as they exchanged countless messages via WhatsApp, all under the cloak of his pseudonym.

As passion blossomed between the two, their relationship escalated to intimate levels. However, fate had other plans. Mr Jerome lost his mobile phone, and when he installed WhatsApp on his new device, his true identity was inadvertently revealed to his romantic partner.

This revelation led to a whirlwind of emotions, and his partner began to obsess over him, having discovered who he really was. She felt cheated that he had used a pseudonym throughout. Mr Jerome feeling exposed and overwhelmed decided to end all communication with her.

Years passed, and Mr Jerome thought he had left the turbulent past behind him. But one day, he discovered that three Twitter accounts had been created, spreading false and defamatory allegations against him. These accounts accused him of manipulation, sexual assault, catfishing, and even rape. To make matters worse, they revealed his personal details to the world, jeopardizing his privacy and reputation.

Defamation and the right to be forgotten

Mr Jerome felt harassed. Determined to fight for his rights, he got in touch with our law firm.

Our lawyers acted swiftly, submitting a right to be forgotten application to Google to delist search results containing the damaging allegations. Google complied, and Mr Jerome’s search results were cleared.

Twitter defamation strategies

To that Mr Jerome attain a permanent resolution to the matter, our solicitors served Twitter with a Norwich Pharmacal Order (NPO) application together with a request to delete the three offending accounts and obtain disclosure information. Twitter obliged by deactivating the accounts. However, a new Twitter account surfaced, posting the same malicious allegations against Mr Jerome.

Upon being notified of the new account, Twitter expressed concerns about the implications of the NPO application. They feared it might have adverse consequences for a woman claiming to have been raped by Mr Jerome. Whilst not actively opposing the application, Twitter intended to have Counsel represent themselves in the disclosure application in the High Court for the purpose of safeguarding the privacy and freedom of expression of their users.

The application for disclosure was nevertheless granted by the judge. The firm now was able to reach out to the individual in question. This paid off as the poster removed the remaining defamatory tweet. With his reputation restored and the threats neutralized, Mr Jerome finally found peace in the digital realm. This tale serves as a cautionary reminder of the importance of protecting one's online identity and privacy while navigating the unpredictable landscape of modern love.

Legal issues in pursuing a Twitter defamation case

In the above case, the lawyers faced several challenges while representing Mr Jerome and fighting to protect his privacy and reputation. Some of these challenges included:

  • Legal complexities: The case involved a delicate balance between Mr Jerome's right to privacy and the freedom of expression of the individuals posting the defamatory content. Navigating these complexities required a deep understanding of the applicable laws and the potential implications of each legal action taken.
  • Dealing with multiple parties: The lawyers had to interact with several entities, including Google, Twitter, and the individual behind the defamatory accounts. This required effective communication and negotiation skills to ensure each party understood their obligations and cooperated with the legal process.
  • Technological challenges: The case involved the use of various digital platforms and required the lawyers to have a strong understanding of the technological aspects of the case. This included understanding how online platforms function, their policies, and the potential loopholes that could be exploited by malicious actors.
  • Tracking down anonymous individuals: The defamatory content was posted by anonymous Twitter accounts, making it difficult for the lawyers to identify and hold the individuals responsible. The NPO application in this catfishing defamation case was one way to obtain disclosure information from the internet companies, but it came with its own challenges, as Twitter was concerned about potential adverse consequences.
  • Balancing costs and outcomes: The lawyers needed to weigh the potential costs of pursuing legal action against the desired outcomes for their client. In this case, Mr Jerome decided not to proceed with incurring further costs after the three offending tweets were deleted. The lawyers had to be strategic in choosing which battles to fight to achieve the best results for their client
  • Time sensitivity: The longer the defamatory content remained online, the more damage it could cause to Mr Jerome. The lawyers had to act quickly and efficiently to minimise the impact of the allegations on their client's personal and professional life.

Overall, the case presented a unique set of challenges for the legal team, requiring them to draw upon their expertise in privacy law, digital platforms, and effective negotiation to achieve a successful outcome for their client.

Lawyer’s thoughts about the case

As the acting lawyer in the catfishing defamation case, I found it to be a fascinating and challenging experience. The case was both legally and emotionally complex, and it pushed me to think critically about the intersection of law, technology, and human relationships. Here are some of my thoughts regarding the case:

  1. Balancing rights and responsibilities: I was struck by the delicate balance between an individual's right to privacy and the freedom of expression of others. This case forced me to consider how far we should go to protect one's reputation and privacy, while also respecting the rights of others to express their opinions and experiences.
  2. The evolving nature of technology: The case highlighted the rapid pace at which technology is evolving and its impact on our lives. As a lawyer, I found it crucial to stay up-to-date with the latest developments in digital platforms and their policies to effectively represent clients in cases like this.
  3. The power of anonymity: I was reminded of the double-edged sword that is anonymity on the internet. While it allows for freedom of expression and a sense of security, it can also enable individuals to spread false and damaging information without consequence. This case underscored the importance of finding ways to hold individuals accountable for their actions online without infringing on their right to privacy.
  4. The role of online platforms: I was intrigued by the responsibility that online platforms like Google and Twitter have in cases like this. They play a crucial role in shaping the online environment and have the power to protect or harm individual reputations. As a lawyer, I found it essential to understand their policies and work with them to achieve the best possible outcome for my client.
  5. The human element: This case served as a powerful reminder of the emotional toll that privacy breaches and defamatory content can have on individuals. It reinforced the importance of empathy and understanding in my work as a lawyer, as well as the need to be mindful of the potential consequences of my actions on all parties involved.
  6. Cost-benefit analysis: The case taught me the value of carefully assessing the costs and benefits of pursuing legal action for my client. In this case, Mr. Jerome ultimately decided not to incur further costs when the three Twitter accounts were suspended. This decision-making process highlighted the importance of being strategic and keeping my client's best interests at heart.

In conclusion, this catfishing defamation case was a thought-provoking and educational experience that expanded my understanding of privacy law, technology, and the human side of legal disputes. It served as a powerful reminder of the importance of staying current with technological advancements and staying committed to protecting the rights and interests of my clients.

Are you a victim of defamation? Time might be of the essence. Call us now for legal advice on +44 207 183 4123 or send a request and we will contact you as soon as possible.

Case studies are based on true cases where names, dates and circumstances have often been amended to protect the identity of those involved.

Teenage harassment on social media

Teenage harassment on social media

Support for parents whose children are harassed on social media

Read more: Teenage harassment on social media

The case of Phipps v Britton-unmasking internet trolls

Unmasking internet trolls

What to do if you need to uncover the identity of your internet troll

Read more: The case of Phipps v Britton-unmasking internet trolls

The Lindsey Goldrick-Dean v Paul Curran - winning after a decade of harassment

The case of Lindsey Goldrick

Cohen Davis win the longest case of online harassment in the UK since the invention of the internet

A ground-breaking harassment case, following 13 years of troll's harassment, social media lawyer Yair Cohen helped Lindsey Goldrick Dean get her life back.

Read more: The Lindsey Goldrick-Dean v Paul Curran - winning after a decade of harassment

The Sweet Bobby case - Kirat Assi v Simran Kaur Bhogal

The case of Kirat Assi v Simran Kaur Bhogal

Cohen Davis win the longest known case of catfishing, against a Barclays Bank manager

Read more: The Sweet Bobby case - Kirat Assi v Simran Kaur Bhogal

What to do if someone is blackmailing you

What to do if someone is blackmailing you

What to do If you’re being blackmailed: A lawyer’s guide to help you through the situation

Blackmail can be an incredibly distressing experience, especially when it involves sensitive or personal information being used against you. Whether it's an online threat, extortion over private videos, or demands for money, it’s important to know how to navigate these situations with caution. This guide is based on 25 years of legal experience, successfully assisting victims of internet and social media blackmail. Here’s a guide to help you understand your options based on real-life scenarios people have faced.

Read more: What to do if someone is blackmailing you

How to deal with someone who is harassing you

How to deal with someone who is harassing you

The case of Lindsey Goldrick Dean who won her court case for harassment against her decade-long stalker

Lindsey Goldrick Dean's case highlights a severe example of long-term online harassment and defamation that spanned over a decade.

Read more: How to deal with someone who is harassing you

Legal action for harassment and stalking

Legal action for harassment and stalking

Legal action for harassment and stalking

In this case study, we detail our client Jacob (not his real name) who suffered prolonged harassment and stalking by his ex-partner Marissa (not her real name). We present an informative overview of the legal action available to safeguard yourself in similar situations of harassment and stalking.

Read more: Legal action for harassment and stalking

Someone used my video without permission

Someone used my video without permission

How to remove from social media videos posted without consent

In the past couple of years, a deeply concerning practice has emerged with increasing frequency: the act of filming individuals without their consent and subsequently posting these videos to social media. This phenomenon, especially prevalent in cases involving the non-consensual filming of women in public areas, has sparked a significant debate about privacy, consent, and digital ethics.

Read more: Someone used my video without permission

Professional harassment and threats to disclose private information

Professional harassment and threats to disclose private information

What do to if you are harassed by a work associate

Harassment by a work colleague or associate is becoming an increasingly concerning issue for numerous executives.

Read more: Professional harassment and threats to disclose private information

What to do if you are being harassed by family

What to do if you are being harassed by family

What to do if you are being harassed by family

Harassment is a pervasive issue that affects individuals from all walks of life, and unfortunately, it can also occur within the confines of one's own family. While we often associate harassment with strangers or those in positions of power, the reality is that it can happen in the most intimate and familiar of settings. In this article, we will explore the complex and sensitive topic of harassment by a family member.

Read more: What to do if you are being harassed by family

How to take legal action for cyberbullying

How to take legal action for cyberbullying

What are the legal options when being cyberbullied

Read more: How to take legal action for cyberbullying

Can you sue someone for exposing you on social media

Can you sue someone for exposing you on social media

What are the potential consequences of exposing someone on social media?

Exposing someone on social media can have legal ramifications. Can you sue someone for exposing you on social media? The answer depends on the specifics of the situation, but it's important to note that exposing someone on social media can lead to legal consequences. In some cases, this may include defamation, harassment or invasion of privacy. Harassment is both a civil and a criminal offence. 

Defamation involves making false statements that harm a person's reputation, while invasion of privacy may occur when someone shares private information or images without consent. Both of these offences can result in legal action, and victims may seek damages to compensate for the harm caused. It's important to remember that freedom of speech does not protect individuals who engage in harmful or inappropriate online behaviour, and there may be legal consequences for those who cross the line.

Table of content

It is easy to make fatal errors whilst exposing someone on social media

Exposing someone on social media could be considered harassment

Exposing someone on social media could lead to legal action for breach of privacy

Exposing someone on social media could lead to legal action for breach of data

What to do if someone exposes you on social media

Should you take legal action against someone who exposed you on social media

It is easy to make fatal errors whilst exposing someone on social media

Exposing someone on social media is a common practice, particularly when someone has done something wrong or has behaved in a way that others deem inappropriate. However, it is easy to make fatal errors while exposing someone on social media, and these mistakes can have long-lasting and devastating consequences for both the person being exposed and the individual doing the exposing.

One of the most significant risks of exposing someone on social media is that it can quickly spiral out of control. What may have started as a minor issue can quickly snowball into a major crisis, with people from all over the world weighing in on the situation. As a result, the person being exposed can become the target of a widespread online attack, with their reputation, mental health, and even their physical safety is threatened. Another common mistake that people make when exposing someone on social media is failing to gather all the facts before doing so. In the heat of the moment, it can be tempting to rush to judgment and publicly call out someone for their behaviour.

However, doing so without first taking the time to understand the situation fully can lead to incorrect assumptions and conclusions, which can be damaging to everyone involved. Similarly, people often make the mistake of using inappropriate language or tone when exposing someone on social media. The use of aggressive, offensive, or inflammatory language can escalate the situation and lead to further negative consequences. It is important to remember that online interactions are not immune to the rules of basic human decency and respect.

Finally, it is vital to remember that once something is posted online, it is permanent. Even if a person deletes a post or takes it down, it can still be accessed, shared, and spread around the internet. This means that even if a person realizes they have made a mistake, they may not be able to undo the damage they have caused.

Exposing someone on social media could be considered harassment

Exposing someone on social media means sharing personal information or behaviour of someone without their consent or knowledge, often with the intention of harming them. However, this practice can lead to legal action against the person who exposes others for harassment of the exposed person. Harassment is defined as a behaviour that causes distress or alarm to the person being harassed.

It can take various forms, including verbal, physical, or electronic communication. Exposing someone on social media can be considered a form of electronic harassment. When someone is exposed on social media, it can cause them to feel embarrassed, humiliated, or threatened. They may also face negative consequences in their personal or professional life, leading to emotional distress. In some cases, the person who exposed someone on social media may believe that they are exercising their right to freedom of speech.

However, freedom of speech does not give someone the right to harass or harm others. It is important to note that the law recognises privacy as a fundamental right, and exposing someone on social media without their consent or knowledge violates their privacy. Exposing someone on social media can be considered a form of harassment even if the information shared is completely true. Even if the information shared is true, if it is intended to cause harm, embarrassment, or humiliation to the person being exposed, it can still be considered harassment.

It is important to consider the potential harm that exposing someone on social media can cause, even if the information shared is true. The person being exposed may face negative consequences in their personal or professional life, leading to emotional distress and even, in some cases, to even more serious consequences.

Exposing someone on social media could lead to legal action for defamation

In the age of social media, it has become increasingly common for individuals to expose others publicly online. This can be in the form of sharing private messages, screenshots, or even spreading rumours about someone's personal life. While some may view this as a form of accountability, it is important to remember that there can be serious legal consequences for exposing someone on social media, especially if the details exposed turn out to be defamatory. Defamation is a legal term that refers to any statement that damages an individual's reputation or character.

In many cases, exposing someone on social media can cross the line into defamation, particularly if the information being shared is false or misleading. If the exposed individual is able to prove that they have been defamed, they may be able to take legal action against the person who shared the information. Defamation laws vary from country to country, but in general, there are two types of defamation: libel and slander. Libel refers to written statements that are published and can be seen by others, such as social media posts or online articles. Slander, on the other hand, refers to spoken statements.

Both types of defamation can result in legal action if the statements are false and damaging to an individual's reputation. If an individual is defamed on social media, they may be able to file a lawsuit against the person who shared the information. In such cases, the plaintiff would need to prove that the statements made about them were false and that they suffered damages as a result. This could include damage to their reputation, loss of income or business, and emotional distress. It is worth noting that even if the information being shared is true, it may still be considered defamatory if it is not in the public interest.

For example, sharing personal medical information about someone without their consent could be considered a violation of their privacy and lead to legal action. In addition to the potential legal consequences of exposing someone on social media, there can also be social and emotional consequences. The individual being exposed may suffer from online harassment or bullying, and their mental health and well-being may be adversely affected. In conclusion, exposing someone on social media can have serious legal consequences, particularly if the information being shared turns out to be defamatory.

It is important to be mindful of the potential legal risks before sharing information publicly and to ensure that any information being shared is true and in the public interest. Ultimately, it is essential to remember that social media is not a court of law, and taking matters into one's own hands can lead to severe consequences for both the individual being exposed and the person sharing the information.

Exposing someone on social media could lead to legal action for breach of privacy

Exposing someone on social media could lead to legal action for breach of privacy even if what you are exposing is unacceptable behaviour by the individual being exposed. Breach of privacy occurs when personal information about an individual is disclosed to the public without their consent. The law recognises an individual's right to privacy and protects them from unreasonable intrusions into their personal lives.

This means that even if the behaviour being exposed is considered unacceptable, it may still be protected under privacy laws. Social media platforms have their own policies regarding privacy, which can differ from one platform to another. However, these policies do not always reflect the full extent of the legal protections afforded to individuals under the law. For example, some social media platforms may allow users to post photos or videos of others without their consent, but this does not necessarily mean that it is legal to do so. If an individual's privacy is breached on social media, they may be able to take legal action against the person who exposed their personal information.

This could include filing a lawsuit for invasion of privacy, defamation, or emotional distress. The plaintiff would need to prove that the information being shared was private, that they had a reasonable expectation of privacy, and that the disclosure of the information was unreasonable and caused harm. It is important to note that even if the information being shared is true, it does not necessarily mean that it is not a breach of privacy.

In some cases, the disclosure of true information can be considered a violation of privacy if it is not in the public interest. In conclusion, exposing someone on social media can have severe legal consequences, including potential legal action for breach of privacy. It is important to be mindful of the personal information being shared and to ensure that any disclosure is lawful and justified. Ultimately, it is essential to respect the privacy rights of others and to use social media responsibly.

Exposing someone on social media could lead to legal action for breach of data

Sharing someone's personal information on social media without their consent could make you liable for violating their data privacy rights. Individuals are entitled to maintain their privacy and have control over their own personal data. Unauthorised distribution of this information can damage their reputation, emotional health, and even pose safety risks. Furthermore, revealing sensitive details like medical records, financial status, or contact information could be considered a breach of confidentiality. However, it's worth noting that obtaining certain types of private data doesn't necessarily require permission, as long as that data is already publicly accessible. In summary, there's a distinct difference between gathering private information and disseminating information that's already public.

As a result, it is important to be cautious about what information you share on social media and to always consider the potential consequences before posting anything that could be deemed private or sensitive. The General Data Protection Regulation (GDPR) is a legal framework that governs the use of personal data in the European Union. The GDPR requires that individuals have the right to control their personal data and that any processing of this data must be lawful, fair, and transparent.

If someone exposes another person's personal data on social media without their consent, they could be in violation of the GDPR. This could lead to legal action against the person who exposed the data, including fines and other penalties. Moreover, exposing someone on social media can also lead to other legal consequences, such as defamation. Defamation is the act of making false statements about someone that harms their reputation.

If someone exposes personal information about another person on social media that is false or misleading, they could be sued for defamation. Furthermore, as previously explained, exposing someone on social media can also lead to harassment, stalking, or other forms of cyberbullying. These actions are not only morally wrong but also illegal.

Cyberbullying is a criminal offence that can lead to legal action against the perpetrator. Therefore, it is crucial to understand the consequences of exposing someone on social media before doing so. It is also essential to respect other people's privacy and personal data, as well as to obtain their consent before sharing any personal information about them on social media.

What to do if someone exposes you on social media

When someone exposes you on social media, it can be tempting to react defensively and immediately pursue legal action. However, before making any decisions, it's crucial to approach the situation in a calm and logical way. One of the first steps you should take is to gather evidence to support your claim.

This could include screenshots of the posts, comments, or messages in question, as well as any additional information that could help to substantiate your case. By taking the time to gather evidence, you can not only better understand the scope of the issue but also present a stronger case if legal action becomes necessary. It's important to remember that taking legal action should only be considered as a last resort after all other options have been exhausted. You may need to prove that the statements made about you are false and have caused harm to your reputation.

If someone has exposed you on social media, it can have a significant impact on your reputation and can even harm your personal and professional life. This can be particularly frustrating if this exposure is in the form of false statements or accusations. In this case, you may have grounds to sue the person responsible for defamation. In order to do so, however, you will, in effect, need to prove, on balance, that the statements made about you are false and have indeed caused harm to your reputation.

It can be a challenging process to take legal action against someone on social media, so it is important to seek advice from an experienced solicitor who will guide you through the process and help you determine the best course of action to take. A thorough understanding of defamation laws and their specific application in your state is crucial before proceeding with any legal action.

Should you take legal action against someone who exposed you on social media

When considering whether to sue someone for exposing you on social media, it's important to keep in mind that not all cases are successful, and the outcome will depend on the specific circumstances of your case. While it may be tempting to take legal action immediately, it's important to understand the legal basis for your claim before proceeding.

Factors that may impact the success of your case include the nature of the exposure, the intent of the person who exposed you, and the potential damages you have suffered. Consulting with an experienced solicitor can help you assess the strength of your case and determine the best course of action to protect your rights and interests. Ultimately, the pursuit of legal action should be carefully considered and carried out with the guidance of legal professionals.

We offer a fixed fee consultation with an experienced solicitor who will be able to advise you on all the merits and on other aspects of pursuing legal action.

Celebrity online harassment

Celebrity cyberbullying legal advice

Celebrity harassment on the internet

In today's digital age, the internet has become the go-to platform for celebrities to use for self-promotion. Celebrities use the internet to share their work and show off their accomplishments. But what happens when someone takes advantage of the celebrity's online presence to spread negative content?

Read more: Celebrity online harassment

Harassment on Facebook

Harassment on Facebook

What to do if your Facebook account is being harassed

Some people use Facebook to harass ex-spouses, lovers and boyfriends. The campaign is often triggered by an emotional breakup, where one party feels so hurt they are willing and able to do anything to end the lives of their former lover.

Read more: Harassment on Facebook

Is harassment a crime

Is harassment a crime

Is harassment a crime or a civil wrongdoing

Read more: Is harassment a crime

Harassment on social media

Harassment on social media

Harassment on social media by internet trolls

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Harassment and defamation on the internet

Harassment and defamation on the internet

Can you sue someone for spreading lies about you on the internet

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Instagram harassment

Instagram harassment

How to deal with Instagram harassment

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The case of Rada-Ortiz v Espinosa-Vadillo

Online harassment by employee

Cohen Davis win a case of UN employee harassment and defamation

Read more: The case of Rada-Ortiz v Espinosa-Vadillo

Social media legal advice for parents

Social media legal advice for parents

Harassment of teenagers on social media and at school

Read more: Social media legal advice for parents

Legal advice for online harassment

Legal advice for online harassment

Why you should choose to pay for specialist legal advice

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Cross jurisdiction case of harassment

Cross jurisdiction harassment

How to stop a UK harasser from harassing someone in another country

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Online harassment legal advice

Online harassment legal advice

What to do if someone is harassing you on the internet

Victims of online harassment, intimidation, and defamation often feel hopeless and powerless to act. In many instances they feel scared and paralysed.

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